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Q82·GS Paper 1 · Prelims 2021

Legal Procedures and Distinction of Judicial Custody

PolityJudiciary & Legal FrameworkStatement-basedMediumStatic

Question

With reference to India, consider the following statements:

  1. 1.

    Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.

  2. 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.

Options

a

1 only

b

2 only

Answer
c

Both 1 and 2

d

Neither 1 nor 2

Explanation

Statement 1 is incorrect because judicial custody means the suspect is detained under the authority of a magistrate and housed in a centralized jail, whereas police custody involves being locked up in a police station's lockup room. Statement 2 is correct because once an accused is remanded to judicial custody, investigators cannot access or interrogate them without obtaining explicit permission from the magistrate. > Judicial custody detains suspects in prison, placing them outside the direct, unmonitored custody of investigating police units. Answer: (b).

Question details

Year

2021

Paper

GS Paper 1

Question

Q82

Subject

Polity

Sub-topic

Judiciary & Legal Framework

Type

Statement-based

Difficulty

Medium

Nature

Static

Source hint

Code of Criminal Procedure (CrPC)

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