Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Which among the given statement is relating to positions of Article 22 of the Constitution is not correct?

Options:

Article 22 allows the detained to know the grounds for arrest

Article 22 provides protection against arrest and detention under preventive detention laws.

Article 22 allows the detained to consult a legal practioner of his/her choice

Article 22 allows the release of the detained in custody if he/she has been produced before the magistrate and the magistrate does not allow further detention

Correct Answer:

Article 22 provides protection against arrest and detention under preventive detention laws.

Explanation:

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.