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With reference to India, consider the following statements:

  1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a 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. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Explanation

Statement 1 is incorrect, and Statement 2 is correct
  • Judicial custody means that the person detained by a judicial magistrate is lodged in a central or state prison. Police custody refers to when a person is detained in a police station or lock-up when he is believed to have committed a crime. In police custody, the investigating authority may interrogate a person, whereas in judicial custody, officials must obtain permission from the court to question a person. In police custody, the person has the right to legal counsel, the right to be informed of the grounds on which the police have detained them.

Additional Information

  • Bharatiya Nagarik Suraksha Sanhita, 2023, replaced the Criminal Procedure Code, 1973 (CrPC).
  • The CrPC provided for the procedure for arrest, prosecution, and bail.
  • The IC and CrPC prohibit detention in police custody beyond 24 hours, extendable up to 15 days if the investigation cannot be completed within 24 hours. Magistrate may extend judicial custody beyond 15 days if he is satisfied that adequate grounds exist.
  • However, detention cannot exceed 60 or 90 days (depending on the offence).
  • The BNSS modifies this procedure and adds that the police custody of 15 days can be authorised in whole or in parts at any time during the initial 40 or 60 days out of the 60 or 90 days period.
  • The BNSS does not require the investigating officer to provide reasons when seeking police custody for someone in judicial custody.
  • This could lead to bail being denied during this period if the police argue they must take the person back in police custody.
Answer: (b) 2 only; Difficulty Level: Hard
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