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
The provisions governing remand and detention are codified under Section 167 of the Code of Criminal Procedure (CrPC):
– Statement 1 is incorrect: In police custody, the accused remains in the physical charge of police officers and is detained in a police station lockup. In judicial custody, the accused is placed under the formal custody of the concerned magistrate and lodged in prison/jail under prison authorities, not inside a police station lockup.
– Statement 2 is correct: During judicial custody, investigating officers cannot interrogate the accused at will. Police investigators must file an application and obtain explicit judicial permission from the magistrate/court outlining valid grounds to conduct custodial interrogation.
Therefore, only statement 2 is correct — Option B.