Which among the given statement is relating to positions of Article 22 of the Constitution is not correct?
Answer & explanation
Correct answer: option 2
Protection against arrest and detention: Article 22 provides safeguards against of arrest and detention in following ways:
1. No one can be detained in custody without providing grounds for arrest.
2. The arrested and detained person has a right to consult and to be defended by a legal practitioner of his or her choice.
3. 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.
4. No such person can be detained in custody beyond twenty-four hours without the authority of a magistrate.
The above safeguards do not apply to a person from an enemy country. Also, they do not apply to persons arrested or detained under preventive detention laws. Generally, preventive detention laws allows for detaining persons on suspicion who have not been found guilty of any crime but their release may be detrimental to society like, they may commit more crimes if released or affect adversely investigations by State or they are mentally ill and so on.