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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 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?

UPSC · 2021 · Polity
Question:
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?

Options

1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer: 2 only

Explanation:
During judicial custody, the accused is under the magistrate’s custody and kept in jail, not in a police station. Police can interrogate only with court’s permission.

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