⚖️ Polity & GovernanceUPSC 2021Salient Features of RPA

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 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?

a1 only
b2 only
cBoth 1 and 2
dNeither 1 nor 2
✓ Correct answer: b) 2 only
ExplanationStatement 1 is incorrect: Judicial custody does not mean detention in a police station.Instead, the accused is sent to jail under the magistrate’s orders.Police custody, on the other hand, involves detention at a police station for investigation.Judicial custody ensures that the accused is under judicial supervision and not directly handled by the police.Statement 2 is correct: During judicial custody, the police cannot interrogate the accused without prior approval from the court.This provision protects the accused from undue pressure or custodial violence while ensuring due process.Judicial custody refers to a situation where an accused person is under the custody of the court and housed in a jail, whereas police custody means the accused is detained at a police station for investigation.These are governed by provisions under the Code of Criminal Procedure (CrPC), 1973. UPSC GS Paper-I PYQs 230 Aspect Judicial Custody Police Custody Authority Under the jurisdiction of the court.Under the jurisdiction of the police for investigation.Detention Location The accused is sent to

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