Q. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Correct Answer: b) 2 only
Question from UPSC Prelims 2021 GS Paper
Explanation :
Judicial Custody
The concept of judicial custody can be confusing, and it’s important to clarify common misconceptions. Here’s a breakdown of the key points to understand what judicial custody entails and the rights of the accused during this period.
Statement 1: Location of Judicial Custody
Contrary to some beliefs, judicial custody does not imply that the accused is held at a police station. In fact, when a person is placed in judicial custody, they are typically housed in a prison (jail) and not under police supervision. The magistrate is responsible for the accused, ensuring a neutral environment that is free from undue police influence or potential mistreatment.
Statement 2: Interrogation During Judicial Custody
The second statement addresses the interrogation process during judicial custody. It is accurate that the police officer in charge must obtain court approval to interrogate the suspect when they are in judicial custody. This safeguard is in place to protect the rights of the accused and to ensure that any questioning is conducted fairly and under the court’s supervision.
