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

examrobotsa's picture
Q: 98 (CDS-I/2017)

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

question_subject: 

Polity

question_exam: 

CDS-I

stats: 

0,76,43,15,4,87,13

keywords: 

{'arrest': [0, 0, 1, 1], 'such arrest': [0, 0, 0, 1], 'detention': [2, 0, 0, 3], 'jail': [0, 0, 0, 4], 'protection': [8, 1, 6, 26], 'custody': [2, 0, 0, 3], 'judicial order': [0, 0, 0, 1], 'nearest magistrate': [0, 0, 0, 1]}

The correct answer to the question is option 3. This option states that every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of one week of such arrest. However, this statement is incorrect. According to Article 22 of the Indian Constitution, every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest. Therefore, option 3 is not correct.

Let`s analyze the other options:

Option 1 states that no person who is arrested shall be detained in custody without being informed of the grounds for such arrest. This is a correct statement as it ensures that the person who is arrested is aware of the reasons behind his/her arrest.

Option 2 states that no person shall be denied the right to consult, and be defended by, a legal practitioner of his/her choice. This is also a correct statement as it guarantees the right to legal counsel to every person.

Option 4 states that the right to protection against arrest is not available to a person in jail pursuant to a judicial order. This is a correct statement as the right to protection against arrest is not applicable to a person who is already in jail as per a judicial order.

In conclusion, the

Practice this on app