With reference to India, consider the following statements: 1. Judicial custody means an accused is in the…
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?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Solution
In judicial custody, the accused is in the custody of the magistrate but is lodged in jail, not in the police station (Statement 1 incorrect). During judicial custody, the police cannot interrogate the suspect without the court's approval (Statement 2 correct).