Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Rights In The Indian Constitution

Question:

As per the right to life and personal liberty, what right does a person have if they are arrested?

Options:

Right to defend himself by a lawyer of his choice.

Right to roam freely until proven guilty by law.

Right to be released immediately.

Right to remain silent.

Correct Answer:

Right to defend himself by a lawyer of his choice.

Explanation:

The correct answer is Option 4 - Right to defend himself by a lawyer of his choice

If arrested, the person has the right to defend himself by a lawyer of his choice.

Right to life and personal liberty: The foremost right among rights to freedom is the right to life and personal liberty. No citizen can be denied his or her life except by procedure as laid down under the law. Similarly no one can be denied his/her personal liberty. That means no one can be arrested without being told the grounds for such an arrest. If arrested, the person has the right to defend himself by a lawyer of his choice. Also, it is mandatory for the police to take that person to the nearest magistrate within 24 hours. The magistrate, who is not part of the police, will decide whether the arrest is justified or not. This right is not just confined to a guarantee against taking away of an individual’s life but has wider application. Various judgments of Supreme Court have expanded the scope of this right. The Supreme Court has ruled that this right also includes right to live with human dignity, free from exploitation. The court has held that right to shelter and livelihood is also included in the right to life because no person can live without the means of living, that is, the means of livelihood.