Correct option is D
The correct answer is (D) 24.
An arrested person should be produced before the nearest magistrate within 24 hours of arrest.
- Article 22 of the Indian constitution provides protection against arbitrary arrest and detention.
- These 24 hours are excluded from the time necessary for the journey from the place of arrest to the court of the Magistrate.
- No such person shall be detained in custody beyond
the said period without the authority of a Magistrate. - Preventive detention refers to taking one who has not committed a crime into custody by considering him as a threat to law and order.
Article 22(2):
- Clause (2) of Article 22 states that- "Every person who is arrested and detained in custody shall be produced before the nearest magistrate within
a period of 24 hours". - Such arrest excludes the time necessary for the journey from the place of arrest to the court of the
magistrate. - No such person shall be detained in custody beyond the said period without the authority of a magistrate.
Information Booster
Difference between preventive detention and an arrest:
- An 'arrest' is done when a person is charged with a crime. An arrested person is produced before a magistrate within the next 24 hours.
- In the case of 'preventive detention', a person is detained as he/she is simply restricted from doing something that might deteriorate the law and order situation.
The preventive detention laws made by the Parliament are:
- Preventive Detention Act, 1950. Expired in 1969.
- Maintenance of Internal Security Act (MISA), 1971. Repealed in 1978.
- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974.
- National Security Act (NSA), 1980.
- Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980.
- Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985. Repealed in 1995.
- Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPSA), 1988.
- Prevention of Terrorism Act (POTA), 2002. Repealed in 2004.