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Q134 (CISF/2024) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties

Which one among the following rights is not expressly provided under Article 22 of the Constitution of India to a person who has been arrested and detained?

Result
Your answer: —  ·  Correct: A

Explanation

Article 22 of the Constitution of India provides procedural safeguards to persons who are arrested under ordinary criminal law. These include:

  • Article 22(1): The right to be informed of the grounds of arrest (Option B).
  • Article 22(1): The right to consult and be defended by a legal practitioner of his choice (Option D).
  • Article 22(2): The right to be produced before the nearest magistrate within 24 hours (excluding travel time) and the right not to be detained beyond 24 hours without the authority of a magistrate (Option C).

The Right to get bail (Option A) is a statutory right provided under the Code of Criminal Procedure (CrPC), not an express constitutional right mentioned under Article 22. While the Supreme Court has linked bail to Article 21 (Right to Life and Liberty), it is not "expressly provided" in the text of Article 22.

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SIMILAR QUESTIONS

CDS-II · 2015 · Q89 Relevance score: 6.41

The protection against arrest and detention under Article 22 of the Constitution of India is not available to 1. an enemy alien 2. a person detained under a preventive detention law 3. a foreigner 4. an overseas citizen of India Select the correct answer using the code given below.

CDS-I · 2017 · Q98 Relevance score: 5.76

Which one of the following statements relating to protection against arrest and detention of individuals under Article 22 is not correct?

CDS-I · 2016 · Q100 Relevance score: 5.29

Which of the following statements with regard to preventive detention in India is / are correct ? 1. The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India 2. The detenue has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed 3. The detenue can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate Select the correct answer using the code given below :

CDS-II · 2021 · Q89 Relevance score: 4.96

Which one of the following is not a correct statement with reference to the Constitution of India ?