Consider the following statements:
1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
How many of the above statements are correct?
The correct answer is (B) Only two.
Explanation:
Statement 1 is correct. Article 355 of the Indian Constitution states that “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.” Statement 2 is correct. As per Article 22 of the Indian Constitution, which deals with protection against arrest and detention in certain cases: 1. No person who is arrested shall be detained without being informed, as soon as possible, of the reasons for such arrest, and they shall not be denied the right to consult and be defended by a legal practitioner of their choice. 2. Every person arrested and detained must be produced before the nearest magistrate within 24 hours, excluding the time necessary for travel from the place of arrest to the court. They cannot be detained beyond this period without the authority of a magistrate. 3. However, these protections (clauses 1 and 2) do not apply to (a) enemy aliens, or (b) persons detained under laws that provide for preventive detention. Therefore, according to Clause (3) of Article 22, it is not mandatory for the state to provide access to legal counsel for individuals held under preventive detention. Statement 3 is incorrect. Section 32(1) of the Prevention of Terrorism Act (POTA) 2002 states: “Notwithstanding anything in the Code of Criminal Procedure or the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made before a police officer not below the rank of Superintendent of Police shall be admissible in the trial of such person.”.
हिंदी में प्रश्न एवं आदर्श उत्तर
निम्नलिखित कथनों पर विचार कीजिए :
1. भारत के संविधान के अनुसार, केन्द्र सरकार का यह एक दायित्व है कि वह राज्यों को आंतरिक विक्षोभों से बचाए।
2. भारत का संविधान राज्यों को, निवारक निरोध में रखे जा रहे किसी व्यक्ति को विधिक काउंसेल उपलब्ध कराने से छूट प्रदान करता है।
3. आतंकवाद निवारण अधिनियम, 2002 के अनुसार, पुलिस के समक्ष अभियुक्त की संस्वीकृति को साक्ष्य के रूप में प्रयुक्त नहीं किया जा सकता।
उपर्युक्त में से कितने कथन सही हैं?
सही उत्तर (B) Only two है।
व्याख्या:
Statement 1 is correct. Article 355 of the Indian Constitution states that “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.” Statement 2 is correct. As per Article 22 of the Indian Constitution, which deals with protection against arrest and detention in certain cases: 1. No person who is arrested shall be detained without being informed, as soon as possible, of the reasons for such arrest, and they shall not be denied the right to consult and be defended by a legal practitioner of their choice. 2. Every person arrested and detained must be produced before the nearest magistrate within 24 hours, excluding the time necessary for travel from the place of arrest to the court. They cannot be detained beyond this period without the authority of a magistrate. 3. However, these protections (clauses 1 and 2) do not apply to (a) enemy aliens, or (b) persons detained under laws that provide for preventive detention. Therefore, according to Clause (3) of Article 22, it is not mandatory for the state to provide access to legal counsel for individuals held under preventive detention. Statement 3 is incorrect. Section 32(1) of the Prevention of Terrorism Act (POTA) 2002 states: “Notwithstanding anything in the Code of Criminal Procedure or the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made before a police officer not below the rank of Superintendent of Police shall be admissible in the trial of such person.”.