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UPSC Prelims 2021 Q82: Indian Polity – Judiciary

UPSC Prelims 2021, General Studies Paper I · Indian Polity

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. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Answer: (b) 2 only

Explanation

Judicial Custody vs Police Custody

StatementClaimVerdictDetail
1Judicial custody = accused in magistrate's custody, locked in police station (not jail)FALSEJudicial custody = accused sent to JAIL (Jail Custody) under the magistrate's authority. Police custody = accused in POLICE STATION for investigation. The statement inverts the two.
2During judicial custody, police cannot interrogate without court approvalTRUEUnder CrPC Section 167, once the accused is in judicial custody, police must seek court permission to interrogate. This protects the accused from custodial abuse.

Only statement 2 is correct. Answer: (b).

UPSC key indicates 'a' or 'b'; the correct interpretation per legal doctrine is statement 2 alone. Judicial custody = JAIL; Police custody = POLICE STATION.

Answer: (b) 2 only.

Why each option is right or wrong

Key point

Judicial custody = accused in JAIL (under magistrate's authority). Police custody = accused in POLICE STATION for investigation. CrPC Section 167: max 15 days police custody + total 60/90 days custody. Once in judicial custody, police need court permission to interrogate.

Remember

During judicial custody, the police cannot interrogate the suspect without prior court approval (statement 2 correct under CrPC Section 167). Statement 1 is wrong - judicial custody means the accused is in JAIL, not in a police station (that would be police custody). Answer: (b) 2 only.

Common mistakes

Exam tip

Custody types under CrPC Section 167: (i) Police Custody (police station, for interrogation, max 15 days first stretch), (ii) Judicial Custody (JAIL, under magistrate, can extend to 60/90 days total). After 60/90 days without chargesheet, default bail is a right.

Sources

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