Q22. With reference to India, consider the following statements:
- Judicial custody means an accused is in the custody of the concerned magistrate and such The accused is locked up in a 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer: (d)
- Statement 1 is incorrect. Judicial Custody means an accused is in the custody of the concerned Magistrate and is locked up in jail In Police custody, the accused is lodged in police station and the police has physical custody of the accused.
- Section 167 of the Code of Criminal Procedure governs the provisions for custody in India. As per rules, the first thing that happens to a suspect when arrested is that he is taken into police custody, following which he is to be taken before a magistrate. From there, he may either be remanded to judicial custody or be sent back into police custody.
- Statement 2 is correct. During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court. However, during police custody, the police officer in charge of the case, may interrogate the suspect
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