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
Correct Answer
C
Both 1 and 2
D
Neither 1 nor 2
Explanation
Statement 2 is correct because in judicial custody, the accused is under the supervision of the magistrate and the police cannot interrogate them without obtaining specific permission from the court. Statement 1 is incorrect because judicial custody means the accused is lodged in a jail, whereas being locked up in a police station defines "police custody." This question tests the core concept of the legal distinction between police and judicial detention under the Code of Criminal Procedure (CrPC).
Indian PolityCriminal Justice System / Custody TypesJudicial custodypolice custodymagistratepolice stationjailinterrogationcourt approvalCrPClegal procedure