UPSC Prelims 2021 Q82: Indian Polity – Judiciary
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only
Explanation
Judicial Custody vs Police Custody
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Judicial custody = accused in magistrate's custody, locked in police station (not jail) | FALSE | Judicial 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. |
| 2 | During judicial custody, police cannot interrogate without court approval | TRUE | Under 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
- (a) Incorrect. Statement 1 confuses judicial custody with police custody - judicial custody means the accused is in JAIL, not in a police station.
- (b) CORRECT. Only statement 2 is correct - during judicial custody (accused in jail), police cannot interrogate the suspect without prior court permission. Statement 1 is wrong (judicial custody means jail, not police station).
- (c) Incorrect. Statement 1 is factually wrong.
- (d) Incorrect. Statement 2 is legally correct under CrPC Section 167.
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
- Confusing judicial custody (jail) with police custody (police station).
- Not knowing CrPC Section 167 limits: 15 days police custody max; total custody 60 days (for lesser offences) or 90 days (for offences punishable with death, life imprisonment, or 10+ years).
- Missing that release on default bail follows if chargesheet not filed within 60/90 days.
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
- Code of Criminal Procedure (CrPC), 1973 - Section 167
- Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 187 (successor to CrPC 167)