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?

Answer: B. Only statement 2 is correct. JUDICIAL CUSTODY in Indian criminal procedure (CrPC Sections 167, 309) is the detention of an accused under the orders of a magistrate during pre-trial / trial proceedings, as distinct from POLICE CUSTODY where the police interrogate the accused. Statement 1 is WRONG. Under JUDICIAL CUSTODY, the accused is detained in JAIL (prison) under the magistrate's authority — NOT IN A POLICE STATION LOCK-UP. The detention is in a JUDICIAL CUSTODY CELL within a regular prison facility, supervised by jail authorities, not the police. (POLICE CUSTODY — the first 15 days after arrest, extendable in select cases — is when the accused is kept in police station lock-up for interrogation.) The statement reverses the location. Statement 2 is CORRECT. During JUDICIAL CUSTODY, the police officer in charge of the case CANNOT INTERROGATE THE SUSPECT WITHOUT PRIOR PERMISSION/APPROVAL OF THE COURT. Under Section 167 CrPC, after the first 15 days of police custody, the accused is moved to judicial custody. Subsequent interrogation requires the magistrate's specific permission and usually happens in jail premises in the presence of authorised personnel. This protection prevents prolonged police access to the accused outside court supervision and is a safeguard against custodial coercion or torture. The Supreme Court has repeatedly emphasised this in cases like D.K. Basu vs State of West Bengal. So statement 2 captures the legal position correctly; statement 1 misidentifies the place of detention. Source: Code of Criminal Procedure 1973 (Sections 167, 309) / D.K. Basu vs State of West Bengal (1997) 1 SCC 416 / Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced CrPC.