Indian Polity : High Court & Subordinate Courts

Q 2 / 11

UPSC CSE Prelims 2021

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

Correct Option

Statement 2 is correct.

When an accused is in judicial custody, the police officer in charge of the case is not permitted to interrogate the suspect without explicit approval from the court or the concerned Magistrate. This provision serves as a critical safeguard against potential custodial abuse and ensures the protection of the accused's fundamental rights, including those under Article 21 of the Constitution.

Incorrect Options

Statement 1 is incorrect.

Judicial custody signifies that the accused is under the direct authority of the concerned Magistrate. During this period, the accused is lodged in a judicial lock-up, which is a jail, and not in a police station. This distinction is crucial to prevent potential coercion, torture, or undue influence by the police, thereby upholding the principles of fair investigation and protecting the accused's rights. The statement incorrectly asserts that the accused is locked up in a police station.

SOURCEIndian Polity by M. Laxmikanth, Chapter 31: Subordinate Courts