With reference to India, consider the following statements:
- 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.
- 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:
Detailed Explanation:
Answer: Option 2 — 2 Only
This question tests the understanding of the difference between judicial custody and police custody under Indian criminal procedure. Statement 1 incorrectly describes judicial custody, while Statement 2 correctly explains the interrogation restrictions during judicial custody.
❌ Statement 1 – Incorrect: Judicial custody means the accused is in the custody of the concerned magistrate and is locked up in jail, not in a police station. Police custody involves lodging the accused in a police station lockup.
✅ Statement 2 – Correct: During judicial custody, the police officer in charge cannot interrogate the suspect without court approval. The court may permit interrogation if deemed necessary, but such permission is mandatory.
📝 Short Notes: Police Custody vs Judicial Custody
| Aspect | Police Custody | Judicial Custody |
|---|---|---|
| Custody Authority | Accused is in physical custody of police | Accused is in custody of the concerned Magistrate |
| Location | Police station lockup | Jail |
| Interrogation Rights | Police can interrogate freely | Police cannot interrogate without court permission |
| Maximum Duration | 15 days (total) during investigation | Can extend until trial completion or bail |
| Legal Provision | Section 167, CrPC | Section 167, CrPC |
Question 3 of 4 New Criminal Laws — BNS, BNSS & BSA
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