Previous Year Question
With reference to India, consider the following statements:
Judicial custody means an accused is in the custody of the concerned Magistrate and such accused is locked up in a police station, not in jail.
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?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect
In judicial custody, the accused is under the control of the court or Magistrate and is ordinarily lodged in a jail or judicial prison, not in a police-station lock-up.
Difference between police and judicial custody:
Police custody: The accused remains under the direct control of the police and is ordinarily kept in a police lock-up. Police may interrogate the accused for investigation.
Judicial custody: The accused is remanded to jail by an order of the Magistrate and remains in the physical custody of prison authorities. Legal control remains with the court.
Under Section 167 of the Code of Criminal Procedure, 1973, applicable when the question was asked, an arrested person had to be produced before a Magistrate if the investigation could not be completed within 24 hours. The Magistrate could authorise police or judicial custody according to the circumstances.
Therefore, confinement in a police-station lock-up is a feature of police custody, not judicial custody.
Statement 2 is correct
An accused in judicial custody is not under the direct control of the police. Consequently, police must obtain permission from the court or concerned Magistrate before interrogating the accused.
Police cannot enter the jail and interrogate the accused at their own discretion.
The investigating officer must explain to the court the necessity and grounds for interrogation.
While granting permission, the court may specify the duration, place and necessary safeguards for interrogation.
Interrogation may therefore be permitted even during judicial custody; judicial custody does not impose an absolute prohibition on questioning.
Constitutional safeguards concerning custody
Article 22 provides important safeguards to an arrested person:
The right to be informed of the grounds of arrest.
The right to consult and be defended by a legal practitioner of choice.
The right to be produced before the nearest Magistrate within 24 hours of arrest.
Protection against detention beyond 24 hours without the authority of a Magistrate, excluding necessary journey time.