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Which of the following Fundamental Rights are given to every arrested person under Article 22 of the Indian Constitution? A. The right to be inform
Question

Which of the following Fundamental Rights are given to every arrested person under Article 22 of the Indian Constitution?
A. The right to be informed of the offence for which he/she is being arrested.
B. The right to be presented before a magistrate within 48 hours of arrest.
C. The right not to be ill-treated or tortured during arrest or in custody.
D. The right of women and children not to be arrested.
Choose the correct option:

A.

Only B, C and D are correct.

B.

Only A and D are correct.

C.

Only A and B are correct.

D.

Only A and C are correct.

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.

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