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Q98 (CDS-I/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

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

Result
Your answer: —  Â·  Correct: C
Explanation

Article 22 of the Indian Constitution provides specific procedural safeguards for persons arrested under ordinary law. These include the right to be informed of the grounds of arrest [2], the right to consult and be defended by a legal practitioner of one's choice [1], and the mandatory requirement to be produced before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for the journey [2]. Statement 3 is incorrect because it erroneously claims this period is 'one week' instead of the constitutionally mandated 24 hours. Furthermore, the Supreme Court has clarified that the protections under Article 22(1) and (2) are intended to prevent arbitrary executive action and do not apply to persons already in custody pursuant to a judicial order or conviction by a court [4].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 92
  2. [2] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > Right to Freedom > p. 82
  3. [4] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > Right to life and personal liberty > p. 34
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