UPSC Prelims 2021 Question:

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?

Explanation:

• Police custody means that police have the physical custody of the accused while judicial custody means an accused is in the custody of the concerned Magistrate. In the former, the accused is lodged in a police station lockup while in latter, it is the jail. When Police take a person into custody, they are produced before a Magistrate within 24 hours of the arrest. So, statement 1 is not correct.
  • Police custody may extend only up to a period of 15 days from the date custody begins.
  • Judicial custody may extend to a period of:
    • 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years
    • 60 days for all other crimes if the Magistrate is convinced that sufficient reasons exists, following which the accused or suspect must be released on bail
• 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. So, statement 2 is correct.
  
  

Therefore, option (2) is the correct answer.

Subject: Polity | Judiciary