Which of the following statements with regard to preventive detention is/are correct ?
- 1. The detenu has no rights other than those mentioned in clauses (4) and (5) of Article 22 of the Constitution of India.
- 2. The detenu can get bail on the ground that he had been in prison beyond twenty-four hours without an order of the magistrate.
Select the correct answer using the code given below :
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC SO-Steno – 2017
Statement 2 is incorrect. The requirement to produce an arrested person before a magistrate within 24 hours is under Article 22(2), which, as per Article 22(3)(b), does not apply to a person detained under preventive detention law. Therefore, failure to produce within 24 hours is not a valid ground for bail or release for a preventive detenu under this constitutional provision.