Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Which of the following is not a safeguard provided to a detained person under Article 22 of the Indian Constitution ?

Options:

Right to consult and defended by a legal practitioner

Right to free legal aid

Right to know the grounds for arrest/detention

Right to be produced before a magistrate within 24 hours of arrest

Correct Answer:

Right to free legal aid

Explanation:

The correct answer is Option (2) → Right to free legal aid

While Article 22 provides the right to consult and be defended by a legal practitioner and the right to be informed of the grounds for arrest and to be produced before a magistrate within 24 hours, the right to free legal aid is provided under Article 39A of the Constitution.

" Protection against arrest and detention Article 22 provides safeguards against of arrest and detention in following ways: 

  • No one can be detained in custody without providing grounds for arrest.
  • The arrested and detained person has a right to consult and to be defended by a legal practitioner of his or her choice.
  • A person who is arrested and detained in custody should be produced before the nearest magistrate within a period of twenty-four hours. The travel time is not counted towards the twenty-four hours time frame.
  • No such person can be detained in custody beyond twenty-four hours without the authority of a magistrate."