Article 22 of the Constitution provides safeguards against ARBITRARY ARREST AND DETENTION. Article 22(1) guarantees the right of an arrested person to:
Asilence in interrogation (cf. Constitution of India, Article 22(1)) (cf. Constitution of India, Article 22(1))
Brelease on bail unconditionally (cf. Constitution of India, Article 22(1)) (cf. Constitution of India, Article 22(1))
Cfreedom from medical examination (cf. Constitution of India, Article 22(1)) (cf. Constitution of India, Article 22(1))
Dbe informed of GROUNDS OF ARREST; consult and be defended by a LEGAL PRACTITIONER OF HIS CHOICE
Answer & Solution
Correct answer: D. be informed of GROUNDS OF ARREST; consult and be defended by a LEGAL PRACTITIONER OF HIS CHOICE
1. Article 22(1) Constitution: 'No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.'
2. Article 22(2): produce before nearest Magistrate within 24 hours of arrest (excluding journey time); no detention beyond without Magistrate's authority.
3. Article 22(3) excludes from above safeguards: (a) enemy alien; (b) detention under PREVENTIVE DETENTION law.
4. Article 22(4)-(7): safeguards for preventive detention.
5. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — Constitution of India, Article 22(1)_
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