Correct option is D
Correct Answer: (D) Only A and C are correct.
Explanation:
→ Statement A is correct: Under Article 22, an arrested individual has the right to be informed of the grounds of their arrest at the earliest opportunity.
→ Statement C is correct: It guarantees that no person in police custody shall be subjected to torture, cruel, or degrading treatment.
→ Statement B is incorrect because the Constitution mandates presentation before a magistrate within 24 hours of arrest (excluding travel time), not 48 hours.
→ Statement D is incorrect as the law does not exempt women and children from arrest altogether; instead, it provides specific procedural safeguards, such as prohibiting the arrest of women after sunset and before sunrise under normal circumstances.
Information Booster:
→ Article 22 provides protection against arrest and detention in certain cases, forming a vital part of the Right to Freedom.
→ The right to consult and be defended by a legal practitioner of one's choice is a fundamental guarantee under Article 22.
→ The Supreme Court of India laid down the detailed D.K. Basu Guidelines to prevent custodial violence and specify police procedures during arrest.
→ Any confession made by an accused in police custody is not admissible as evidence in a court of law under the Indian Evidence Act.
→ Under Article 22, a boy under 15 years of age and women cannot be called to the police station solely for questioning.