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?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer: Option B
Explanation
1. Statement 1 is incorrect. Judicial custody means the accused is under the custody of the concerned magistrate or court. However, during judicial custody, the accused is typically lodged in jail (prison), not in a police station. Being locked up in a police station usually occurs during police custody.
2. Statement 2 is correct. When an accused is in judicial custody, the direct physical custody lies with the magistrate/court. The police officer in charge of the case cannot interrogate the suspect at will. They must seek the approval of the court to interrogate the individual while they are in judicial custody.
Therefore, only statement 2 is correct.