Q. with reference to India, consider the following statements:
1. Judicial custody means and 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?
Why this question: The concept of Police and judicial custody appeared in news in the context of Rhea Chakraborty case. An article explaining the difference between the two came in the Indian Express in September 2020.
Exp) Option b is correct.
The provisions for custody in India are governed by Section 167 of the Code of Criminal Procedure. A person may be held in the custody of the police or in judicial custody. The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate. From there, he may either be remanded to judicial custody or be sent back into police custody.
Statement 1 is incorrect. Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in police station lockup while in Judicial Custody, he is locked up in the jail.
Statement 2 is correct. During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court.
However, during police custody, the police officer in charge of the case, may interrogate the suspect.