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Q62 (IAS/2021) Polity & Governance › Judiciary › Judicial process basics Official Key

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?

Result
Your answer: —  ·  Correct: B
Explanation

The correct answer is Option 2.

Statement 1 is incorrect: Judicial custody refers to a situation where the accused is under the custody of the relevant Magistrate. Unlike police custody, where the individual is kept in a police station lock-up, in judicial custody, the accused is housed in a jail (prison) under the supervision of the court. The police do not have physical custody of the person in this stage.

Statement 2 is correct: During judicial custody, the police officer in charge of the case does not have an inherent right to interrogate the suspect at will. Since the accused is under the court's protection, the police must seek prior permission or approval from the Magistrate to conduct any interrogation. The court may grant such permission under specific conditions and monitored timelines to prevent custodial harassment and ensure the rights of the accused are protected.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to India, consider the following statements : 1. Judicial custody means an accused is in the custody of the concerned mag…
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 · 10/10
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This question stems from 'Applied Polity'—specifically the practical nuances of the Criminal Procedure Code (CrPC) often discussed in newspapers during high-profile arrests. While standard books define Article 22, they rarely detail the operational difference between 'Police' and 'Judicial' custody, making this a test of your observation of current legal events.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In India, does the term "judicial custody" mean the accused is in the custody of the concerned magistrate?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;"
Why this source?
  • Contrasts police custody with judicial custody, showing judicial custody is a different form of detention ordered by the Magistrate.
  • Indicates the Magistrate may 'extend further detention in judicial custody on production of the accused', implying custody is not the Magistrate physically holding the accused but a court-ordered detention.
Web source
Presence: 3/5
"is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code"
Why this source?
  • States custody can be 'in the custody of the police or in any other custody authorised by the Magistrate or the Court', distinguishing custody types and showing Magistrate authorises custody rather than personally holding the accused.
  • Supports the view that 'judicial custody' refers to custody authorised by the court, not custody by the magistrate personally.
Web source
Presence: 5/5
"it cannot be judicial custody because the police are exclusively entrusted with the accused for the purpose of producing him before the Magistrate having jurisdiction over the case. Therefore, the custody during transit remand is police custody."
Why this source?
  • Explicitly explains that custody during transit remand cannot be 'judicial custody' because the police are exclusively entrusted with the accused, demonstrating a clear distinction between police custody and judicial custody.
  • By distinguishing the two, it implies judicial custody is not custody exercised by the police (or the magistrate physically) but a separate court-ordered status.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 134
Strength: 5/5
“The magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. The above safeguards are not, however, available to- tal ,111 enemy aliens; (b) a person arrested or detained under a law providing for preventive detention. Right under Article 22(2) of the Constitution is available only against illegal detention by the police and. It is not available against a person ordered pursuant to a legal order: Article 221 T I,,: Constitution itself authorises the Legislatlll' to Provontlvo mak laws pl'Oviding 1'01'- Detention, 'for reasons connected with the security of State, the maintenance of public order, or the maintenance of supplies and services essential to the community, or for reasons connected with Defence, Foreign Affairs or the security of India [eventh Schedule List 1.”
Why relevant

Discusses Article 22(2) safeguards and says detention beyond the statutory period requires 'the authority of a magistrate'.

How to extend

A student could combine this with the idea that custody authorisations coming from a magistrate imply a distinction between police custody and custody under judicial/magisterial authority.

Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > Right to Freedom > p. 82
Strength: 4/5
“It means that no person can be killed unless the court has ordered a death sentence. It also means that a government or police officer cannot arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures: • A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention. • A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest. • Such a person has the right to consult a lawyer or engage a lawyer for his defence.”
Why relevant

States an arrested person must be produced before the nearest magistrate within 24 hours and has rights in custody.

How to extend

Using the 24-hour production rule, a student might infer roles of police versus magistrate after arrest and ask whether 'judicial custody' begins once the magistrate remands the accused.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > The Supreme Court of India in National Legal Services Authority v UOI, observed: > p. 187
Strength: 4/5
“"Judicial Magistrates", who are members of the judiciary and are under the I h · ~ complete control of the high courts.”
Why relevant

Defines 'Judicial Magistrates' as members of the judiciary under high court control, highlighting that magistrates are judicial officers, not police.

How to extend

A student could use this to reason that 'judicial' custody would be associated with control by these judicial officers rather than the police.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 21: ORGANISATION OF THE JUDICIARY IN GENERAL > No Federal Distribution of Judicial Powers. > p. 336
Strength: 3/5
“The Chief Judicial Magistrate is the head of the criminal courts within the district. In Calcutta and other "metropolitan areas", there are Metropolitan Magistrates. There are special arrangements for civil judicial administration in the "Presidency towns", which are now called "metropolitan areas". The original side of the high court at Calcutta tries the bigger civil suits arising within the area of the Presidency town. Suits of lower value within the city are tried by the City Civil Court and the Presidency Small Causes Court. The high court is the supreme judicial tribunal of the State-having both Original and Appellate jurisdiction.”
Why relevant

Identifies the Chief Judicial Magistrate as head of criminal courts within the district and notes existence of metropolitan magistrates.

How to extend

Knowing magistrates head criminal courts, a student could extend that custody ordered by courts/magistrates is distinct from police custody and labelled 'judicial'.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 35: Subordinate Courts > STRUCTURE AND JURISDICTION > p. 364
Strength: 3/5
“The subordinate judge exercises unlimited pecuniary jurisdiction over civil suits. The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term of up to seven years. At the lowest level, on the civil side, is the Court of Munsiff and on the criminal side, is the Court of Judicial Magistrate. The Munsiff possesses limited jurisdiction and decides civil cases of small pecuniary stake . The Judicial Magistrate tries criminal cases which are punishable with imprisonment for a term of up to three years. In some local politicalities, there are civil courts (chief judges) on the civil side and the courts of metropolitan magistrates on the criminal side.”
Why relevant

Describes the Court of Judicial Magistrate as the criminal court at the lowest level, indicating a formal judicial structure handling criminal matters.

How to extend

A student might infer that custody tied to judicial proceedings and magistrates' remand orders falls within this judicial structure, supporting a distinction between police vs. magistrate custody.

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