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    As per the Constitution of India, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period
    Question

    As per the Constitution of India, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of ________ hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.

    A.

    36

    B.

    12

    C.

    10

    D.

    24

    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 Repealed in 1978.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.  

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