Question

The constitution allows preventive detention but stipulates _______________________.

• A. that no one should be detained beyond three months unless an Advisory Board authorises detention beyond that period.
• B. that the grounds for detention should be conveyed to the detenu before arresting him
• C. that the detenu must be produced before the nearest magistrate within a period of 24 hours of his arrest.
• D. All of the above

Answer 1

The correct option is A that no one should be detained beyond three months unless an Advisory Board authorises detention beyond that period.

Article 22 of the Constitution of India provides for the Protection Against arrest and detention. It says that persons who are detained under preventive detention law cannot be detained more than three months unless an Advisory Board reports that sufficient and reasonable causes exist for extending the detention. This right is available to citizens as well as aliens (non-citizens).