Question 30 from UPSC CSE 2021 - Current Affairs

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 a 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?

Accepted Answer

Correct Option: B. 2 only

Strategy: Focus on the distinction between judicial and police custody. Statement 1 incorrectly claims judicial custody means lockup in a police station; in reality, judicial custody involves jail, not station lockup. Statement 2 provides a procedural rule: in judicial custody, police cannot interrogate the accused without the court's permission—this matches the standard criminal procedure.

Key Info: Judicial Custody and Police Custody are two distinct legal concepts in Indian criminal law, governed primarily by the Code of Criminal Procedure (CrPC), 1973.

- **Police Custody:** The accused is in the physical custody of the police and usually kept in a police station lockup. This custody is generally for investigation purposes and requires production before a magistrate within 24 hours (Article 22(2) of the Constitution and Section 57 CrPC).
- **Judicial Custody:** The accused is remanded to jail (sub-jail or central prison) under the order of the magistrate. Administrative and physical control is transferred to the court and jail authorities, not the police. Police can no longer interrogate without specific court permission (Section 167 CrPC).
- **Role of Magistrate:** After initial police custody (maximum 15 days, extendable under certain conditions), the court may remand the accused to judicial custody. Extension and remand procedure are judicially supervised to protect rights and prevent abuse.
- **Interrogation in Judicial Custody:** Police cannot access or interrogate the accused in judicial custody unless specifically permitted by the court, safeguarding individual rights against coercion.
- **Jurisprudence:** This distinction is upheld in Indian Supreme Court judgments to protect the fundamental rights of the accused. Judicial custody is always executed in jail premises, not police station lockup.

Relevant statutes: The CrPC (Section 167), Article 22(2) of the Constitution, and landmark cases such as DK Basu vs. State of West Bengal outline the safeguards around custody and rights of accused persons.

Answer

Option A: 1 only

Answer

Option C: Both 1 and 2

Answer

Option D: Neither 1 nor 2