Which one of the following statements relating to protection against a

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

No person who is arrested shall be detained in custody without being informed of the grounds for such arrest.

No person shall be denied the right to consult, and be defended by, a legal practitioner of his/her choice.

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.

The right to protection against arrest is not available to a person in jail pursuant to a judicial order.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-1 – 2017

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The statement that is not correct is C. Article 22(2) of the Constitution of India states that 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, excluding the time necessary for the journey from the place of arrest to the Magistrate’s court. The period is 24 hours, not one week.

Article 22 grants protection against arrest and detention in certain cases. It provides two main rights to a person arrested under ordinary law:
1. The right to be informed of the grounds for arrest (Article 22(1)).
2. The right to consult and be defended by a legal practitioner of his choice (Article 22(1)).
3. The right to be produced before a Magistrate within 24 hours of arrest (excluding journey time) (Article 22(2)).
4. The right not to be detained in custody beyond 24 hours without the authority of a Magistrate (Article 22(2)).

The rights under Article 22(1) and (2) are not available to (a) an enemy alien and (b) a person arrested or detained under any law providing for preventive detention. Option D is correct because once a person is in jail pursuant to a judicial order (e.g., after being produced before a magistrate and remanded to judicial custody or after conviction), the rights related to initial arrest and prompt production under Article 22(1) and (2) have already been fulfilled or do not apply in the context of continued detention based on a judicial directive.

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