Legal Procedures and Distinction of Judicial Custody
Question
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 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.
Options
1 only
2 only
Both 1 and 2
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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