With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
Correct Answer :
2 only
Solution :
The correct option is 2 only.
Let us analyze both statements step-by-step with reference to the legal system in India:
Statement 1: "Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail."
This statement is incorrect.
In Indian criminal law, there is a clear distinction between police custody and judicial custody:
- Police Custody: The accused is under the physical custody of the police and is detained in a police station lock-up.
- Judicial Custody: The accused is under the custody of the concerned Magistrate and is lodged in a central or district jail (prison), not in a police station lock-up.
Statement 2: "During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court."
This statement is correct.
When an accused person is remanded to judicial custody, the police lose direct physical access to the suspect. If the investigating officer needs to interrogate or interview the accused during judicial custody, they must file an application before the court and obtain explicit permission or approval from the Magistrate.
Therefore, only Statement 2 is correct.
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