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 policy 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: B
Explanation
Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail. Thus, in judicial custody, the accused in not locked up in police station but in jail. Hence statement 1 is not 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. Hence statement 2 is correct.