Question

UPSC Prelims 2021 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?

  1. 1. 1 only
  2. 2. 2 only
  3. 3. Both 1 and 2
  4. 4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 2: 2 only

Detailed Solution

Explanation:

  • Police custody means that police have the physical custody of the accused while judicial custody means an accused is in the custody of the concerned Magistrate. In the former, the accused is lodged in a police station lockup while in latter, it is the jail. When Police take a person into custody, they are produced before a Magistrate within 24 hours of the arrest. So, statement 1 is not correct.
    • Police custody may extend only up to a period of 15 days from the date custody begins.
    • Judicial custody may extend to a period of:
      • 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years
      • 60 days for all other crimes if the Magistrate is convinced that sufficient reasons exists, following which the accused or suspect must be released on bail
  • 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. So, statement 2 is correct.

Therefore, option (2) is the correct answer.

Subject: Polity | Judiciary

Latest UPSC Exam 2026 Updates

Last updated on Sep, 2026

→ UPSC 2027 Notification will be released on 13 January 2027 at upsconline.nic.in.

Prafulla Vats
Prafulla Vats
Prafulla Vats is an experienced SEO and content strategist with over 4 years of expertise in driving organic growth across education and service niches. He specializes in crafting data-driven content strategies that help students and professionals access accurate, well-researched information. Through his work, he focuses on improving visibility, engagement, and trust through high-quality, SEO-optimized content.
UPSC GS Course 2027
UPSC GS Course 2027
₹1,80,000
Enroll Now
GS Foundation Course 2 Yrs
GS Foundation Course 2 Yrs
₹2,45,000
Enroll Now
UPSC Mentorship Program
UPSC Mentorship Program
₹65000
Enroll Now
UPSC Sureshot Mains Test Series
UPSC Sureshot Mains Test Series
₹27000
Enroll Now
Prelims Powerup Test Series
Prelims Powerup Test Series
₹14000
Enroll Now
Enquire Now