What is custodial interrogation in India?
A custodial interrogation takes place if a person is questioned by the police while they are in custody.
Before questioning an individual in custody, the officer must provide a Miranda warning to inform the person of his or her right to an attorney during the questioning process..
What is the standard for determining custodial interrogation?
Determining Whether an Interrogation is Custodial They will apply a reasonable person standard, which asks whether a reasonable person in the suspect’s situation would feel that they were free to leave. If not, the suspect is in custody, and their Miranda rights are triggered.
What is considered an interrogation?
“Interrogation” means questioning. This questioning can be in the form of an officer asking the suspect direct questions, or it can be comments or actions by the officer that the officer should know are likely to produce an incriminating reply.
What happens in custodial interrogation?
Custodial Interrogation Defined A custodial interrogation happens when one or more law enforcement officers question someone while he or she is being detained. … Since her freedom has been taken away from her, she has been detained. A custodial interrogation is often conducted when a person is connected to a crime.