Question
Q 82. 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
c) Set Both 1 and 2
d) Neither 1 nor 2
Answer: B
Detailed Explanation
Statement 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.
- Incorrect. In judicial custody, the accused is under the custody of the magistrate but is kept in a jail or prison, not in a police station lockup. Being held in a police station is characteristic of police custody, not judicial custody
Statement 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.
- Correct. During judicial custody, the police can only interrogate the accused after obtaining permission from the court
Final Answer:
2 only is correct.