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. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only ✓ UPSC's answer
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Why the answer is (b)
• Under CrPC Section 167 (now BNSS 187), a magistrate may remand an accused either to police custody (max 15 days, lock-up at the police station) or to judicial custody (in jail, under the magistrate's authority).
• Statement 1 is wrong: in judicial custody the accused is lodged in jail, not in a police station lock-up.
• Statement 2 is correct: once in judicial custody, police cannot interrogate the accused without the court's permission, since custody has passed from the police to the court.
• Judicial custody can extend to 60/90 days pending charge sheet, after which default bail applies.
• Hence 2 only, option (b).
Why the other options are wrong
- (a) 1 only
- Statement 1 is wrong: judicial custody means jail, not the police station.
- (c) Both 1 and 2
- Statement 1 is wrong.
- (d) Neither 1 nor 2
- Statement 2 is correct: police need court approval to interrogate.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2021, held on 10 October 2021. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.