Which of the following is not a safeguard provided to a detained person under Article 22 of the Indian Constitution ?
Answer & explanation
Correct answer: option 2
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."