Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Protection from arrest and detention as envisaged under Article 22 of the Constitution is NOT available to which of the following case?

Options:

person from an enemy country

persons arrested or detained under preventive detention law

both 1 and 2

none of the above

Correct Answer:

both 1 and 2

Explanation:

Protection against arrest and detention: Article 22 provides safeguards against of arrest and detention in the following ways:
a. No one can be detained in custody without providing grounds for arrest.
b. The arrested and detained person has a right to consult and to be defended by a legal practitioner of his or her choice.
c. 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.
d. 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.