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Prelims 2021 · Q82 · Laws & acts

With reference to India, consider the following statements :

  1. 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. 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?

Show answer

Answer: B. Statement 1 is wrong: in judicial custody the accused is held in jail under the magistrate's control, not in a police lock-up. Statement 2 is correct: during judicial custody police cannot question the accused without the court's permission. So only 2.

Watch for: Police custody means a police lock-up; judicial custody means jail.

Why the other options are wrong
  • A. Wrong because judicial custody means jail, not a police station.
  • C. Wrong because statement 1 is false.
  • D. Wrong because statement 2 is correct.

Source to check: Code of Criminal Procedure, 1973, Section 167 (now Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023)

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.