Which one among the following rights is not expressly provided under A

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?

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Right to get bail

Right to know the grounds of arrest

Right not to remain detained beyond twenty-four hours of arrest without the authority of a Magistrate

Right to be defended by a legal practitioner of his choice

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2024

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The correct answer is A.

Article 22 of the Constitution of India guarantees certain rights to a person who has been arrested and detained. Article 22(1) provides the right to be informed of the grounds for arrest and the right to consult and be defended by a legal practitioner of one’s choice. Article 22(2) grants the right to be produced before the nearest magistrate within 24 hours of arrest and the right not to be detained beyond this period without the magistrate’s authority.

While the right to bail is a fundamental aspect of the criminal justice system and is provided for under statutes like the Code of Criminal Procedure, 1973, it is not a right expressly mentioned or guaranteed under Article 22 of the Constitution. Article 22 focuses on procedural safeguards concerning arrest and detention rather than the substantive right to be released on bail.

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