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? ​

The correct answer is B. Only Statement 2 is correct.

Statement 1 is wrong. Judicial custody means the magistrate has remanded the accused to judicial custody, and the accused is lodged in a jail, not a police station. A police station lockup is police custody, which the magistrate can allow for a limited period under section 167 CrPC (now section 187 BNSS, 2023).

Statement 2 is correct. Once a person is in judicial custody, police cannot question him freely. They must seek the court's permission to interrogate him, and the interrogation usually takes place in a designated room within the jail under supervision.

The core concept is the difference between police custody and judicial custody, and the safeguards that protect an accused's rights under Article 21 and Article 22. This topic links directly to Mains questions on custodial violence, police reforms and criminal justice.

Trap: Candidates assume custody means the police lockup. Remember that judicial custody always means jail.