Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Assertion: A person who is arrested and detained in custody should be produced before the nearest magistrate within a period of twenty-four hours.
Reasoning: The travel time is to be counted towards the twenty-four hours time frame.

Options:

Both Assertion (A) and reasoning (R) are correct and R is the correct explanation of A.

Both Assertion (A) and reasoning (R) are correct and but R is not the correct explanation of A.

Assertion (A) is true but Reasoning (R) is not correct.

Assertion (A) is not true but Reasoning (R) is correct.

Correct Answer:

Assertion (A) is true but Reasoning (R) is not correct.

Explanation:

The correct answer is option 3 - Assertion (A) is true but Reasoning (R) is not correct.

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.

Preventive detention is granted under Article 22 of the Indian Constitution. However, Article 22 also contains safeguards to prevent abuse of this power. It states that a person who is detained under a preventive detention law must be informed of the grounds for detention, must be afforded the opportunity to consult and be represented by a legal practitioner, and must be produced before the nearest magistrate within a period of 24 hours of such detention. Additionally, the law provides that the detainee's case must be reviewed by an advisory board within three months of detention. These safeguards are intended to ensure that preventive detention is used only in exceptional circumstances and with due process.