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 policy 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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2021, Q39

Contents13
UPSC Prelims GS2021Indian Polity
  1. A1 only
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2
Show answer

Answer: (B) 2 only

Statement 1 is wrong — it has it backwards:

In judicial custody, the accused is in the magistrate's custody and kept in jail (not police station).

In police custody, the accused is in a police station lockup.

Statement 2 is correct:

During judicial custody, the investigating officer is generally not allowed to interrogate the suspect, though the court may permit it if deemed necessary.

This protects against police coercion.

Only

Statement 2 is correct.

Answer: (b).

Why this was asked

Judicial custody means the accused stays in jail under magistrate's control, while police custody means staying in police station lockup under police control.

The distinction between judicial and police custody became more relevant after multiple Supreme Court rulings on police torture and custodial violence in recent years.

UPSC is testing whether students can distinguish between these two types of custody and understand the interrogation rules that protect accused persons from police coercion.

Judicial Custody vs Police Custody

Indian Polity judicial custody police custody magistrate jail police station

Judicial Custody vs Police Custody: Key Differences & UPSC Traps

Must know

Judicial custody = accused in magistrate's custody, kept in jail

Police custody = accused in police custody, kept in police station lockup

During judicial custody, court approval needed for police interrogation

Good to know

Maximum 15 days total police custody allowed during investigation

What is Custody

When someone is arrested, they can be kept in two types of custody under the Code of Criminal Procedure (CrPC). The key difference lies in who has control and where the accused is kept.

Custody Types Comparison

Aspect

Police Custody

Judicial Custody

Authority

Police officer

Magistrate

Location

Police station lockup

Jail (judicial lockup)

Interrogation

Police can interrogate freely

Court approval required

Duration

Max 15 days total

Can extend beyond 15 days

Purpose

Investigation & evidence collection

Detention while case proceeds

Protection Level

Lower (risk of coercion)

Higher (court supervision)

Section 167 CrPC governs both types of custody and remand procedures

Police custody cannot exceed 15 days in total during entire investigation period

Magistrate decides whether to grant police custody or send accused to judicial custody

In judicial custody, accused has right to legal representation and regular court hearings

Police must produce accused before magistrate within 24 hours of arrest

Question Context

This 2021 UPSC question tested the classic confusion between where an accused is kept in each custody type. Statement 1 reversed the locations - judicial custody means jail, not police station.

Exam traps

Trap: Statement 1 swaps the locations - judicial custody = jail, police custody = police station

Confusion: Students mix up who has authority vs where accused is kept

False logic: Thinking 'judicial custody' means police can still interrogate freely

Common error: Believing police station and jail are the same thing in legal context

Interrogation Rights During Custody

Indian Polity interrogate suspect court approval

Police Interrogation Rights: Custody Rules & Constitutional Safeguards

Must know

Police custody = free interrogation allowed without court permission

Judicial custody = court approval required for interrogation

Article 20(3) protects against self-incrimination

Constitutional Foundation

Article 20(3) guarantees that no person can be compelled to be a witness against himself. This fundamental right shapes interrogation rules during different custody types.

Interrogation Process

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Accused Arrested**
Police arrests suspect for investigation`"]
  s2["`**Custody Decision**
Magistrate decides: Police custody or Judicial custody`"]
  s3["`**Police Custody Route**
Police can interrogate freely for investigation purposes`"]
  s4["`**Judicial Custody Route**
Police must seek court permission to interrogate accused`"]
  s5["`**Court Evaluation**
Judge decides if interrogation necessary and grants/denies permission`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
  s4 --> s5

Right to lawyer - accused can have legal representation during interrogation

No torture/coercion - physical or mental pressure prohibited under law

Confession protection - confessions made to police not admissible in court

Medical examination - required if accused alleges torture or ill-treatment

Time limits - interrogation cannot continue indefinitely even in police custody

Exam traps

Trap: Thinking police can interrogate freely in both custody types

Confusion: Mixing up arrest powers vs interrogation powers during custody

Wrong assumption: Believing court approval is never needed for police questioning

CrPC Remand Provisions

Indian Polity magistrate accused

CrPC Section 167: Remand & Custody Framework

Must know

Section 167 CrPC governs police custody and judicial remand procedures

24-hour rule - accused must be produced before magistrate within 24 hours

15-day limit - total police custody cannot exceed 15 days

Section 167 of CrPC is the cornerstone provision governing how accused persons are dealt with after arrest. It balances police investigation needs with individual liberty protection.

Remand Time Limits

Offense Type

Initial Police Custody

Maximum Total Police Custody

Judicial Remand

Punishable up to 10 years

Up to 15 days

15 days total

90 days if chargesheet not filed

Punishable with death/life imprisonment

Up to 15 days

15 days total

90 days (extendable to 60 more days)

Special Acts (UAPA, etc.)

Up to 30 days

30 days total

Extended periods as per Act

Magistrate Powers

# Magistrate Authority Under Section 167
## Remand Decisions
- Grant police custody
- Order judicial custody
- Release on bail
## Time Extensions
- Extend judicial remand
- Refuse police custody extension
- Set bail conditions
## Oversight Powers
- Monitor investigation progress
- Review custody conditions
- Protect accused rights
Exam traps

Number trap: 15 days is maximum total police custody, not per request

Authority confusion: Magistrate decides custody type, not police choice

Time limit error: 24 hours to produce before magistrate, not 48 hours