UPSC Prelims 2023 – Question 77

by Edukemy Team February 16, 2024

Table of Contents

According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
According to the Prevention of Terrorism Act, of 2002, confession of the accused before the police cannot be used as evidence.

How many of the above statements are correct?

As per Article 355, 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. Hence, statement 1 is correct.
As per Article 22(1), 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. And as per Article 22(5), when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. Hence, statement 2 is not correct.
The Terrorist and Disruptive Activities (Prevention) Act, 1987, and the Prevention of Terrorism Act, of 2002 had made provisions to admit the confessions made by the accused before the police authorities. Hence, statement 3 is not correct.

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