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    Question

    In the landmark case Shekar Shamu v. State of

    Maharashtra (1997), the Supreme Court addressed the issue of police custody and the rights of arrested persons. The Court held that: Which principle regarding police custody was established in Shekar Shamu v. State of Maharashtra?
    A Police custody should be granted as a matter of course without judicial scrutiny if the investigating officer requests it. Correct Answer Incorrect Answer
    B Police custody must be authorized by a Magistrate, and the Magistrate must be satisfied that there are cogent reasons for such custody. Correct Answer Incorrect Answer
    C Prolonged police custody is justified when the offence is serious and public interest demands swift investigation. Correct Answer Incorrect Answer
    D The arrested person's right to meet an advocate can be suspended during police custody if investigation requires confidentiality. Correct Answer Incorrect Answer
    E Police custody can extend beyond 15 days if the investigating officer certifies that investigation is incomplete. Correct Answer Incorrect Answer

    Solution

    In Shekar Shamu v. State of Maharashtra (1997), the Supreme Court held that police custody is not automatic upon police request; it must be authorized by a Magistrate who must be satisfied of "cogent reasons" justifying police custody. The Court emphasized that police custody should be the exception, not the rule, and should be granted only when necessary for investigation. This principle has been embedded in BNSS Section 187, which requires Magistrate authorization and satisfaction of necessity before extending police custody. The landmark judgment protects arrested persons from unreasonable prolongation of police custody and ensures judicial oversight of investigative procedures.

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