Constitutional protection under Article 22(2) (production before magistrate within 24 hours) does NOT apply to
APersons arrested by the police
BPersons arrested under preventive detention laws — Article 22(3) excludes them, subject to separate safeguards in Article 22(4)-(7)
CForeign nationals
DPublic servants
Answer & Solution
Correct answer: B. Persons arrested under preventive detention laws — Article 22(3) excludes them, subject to separate safeguards in Article 22(4)-(7)
Article 22(3) excludes enemy aliens and persons in preventive detention from the 22(1)-(2) protections. Preventive detention is subject to a parallel regime in Article 22(4)-(7) (Advisory Board, 3-month limit unless otherwise prescribed, grounds within 5/15 days).
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