Question Bank - Law Officer

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Under Article 22 of the Constitution of India, with the exception of certain provisions stated there in, what is the maximum period for detention of a person under preventive detention?

A.
2 months
B.
3 months
C.
4 months
D.
6 months

Solution:

The correct answer is 3 months.Article 22 of Indian Constitution provides safeguards against misuse of police powers regarding arrests and detentions.Article 22(2) states every person who has been detained must be produced before a magistrate within 24 hours of such arrest excluding the travel time.Article 22(4) states that an individual cannot be detained for more than 3 months unless HC bench or Advisory board decides to extend the time.Additional InformationArticle 22 is one of the fundamental rights (FR) which comes under Part III of the Indian constitution.Article 12 - Definition of FRArticle 13 - Laws inconsistent with FRArticle 14-18 - Right to EqualityArticle 19-22 - Right to FreedomArticle 23-24 - Right against ExploitationArticle 25-28 - Right to freedom of ReligionArticle 29-30 - Cultural and Educational rightsArticle 32 - Right to constitutional remediesImportant PointsFundamental Rights have been borrowed from the American constitution.

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