Part of: Miscellaneous Indian Gk set 116

Right to be informed at the time of arrest is guaranteed by .....

Category: Miscellaneous Indian Gk

Hint: Consider the fundamental rights and protections provided under the Indian Constitution.

Correct Answer: C) Article 22.

Exam Relevance: UPSC, SSC, Banking, Railways

Difficulty: Easy

Explanations:

The right to be informed at the time of arrest is a fundamental right guaranteed under Article 22 of the Indian Constitution. This article is part of the Fundamental Rights section, which is designed to protect individuals from arbitrary arrest and detention. The right to be informed of the grounds of arrest is a crucial aspect of ensuring that individuals are not subjected to unlawful or arbitrary detention.

Article 22 provides several protections for individuals who are arrested and detained. These protections include the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner of their choice, and the right to be produced before a magistrate within 24 hours of arrest. These safeguards are essential to ensure that the rights of individuals are protected and that the process of arrest and detention is conducted in a fair and just manner.

It is important to understand the distinction between the Fundamental Rights and the Directive Principles of State Policy. The Fundamental Rights are justiciable, meaning they can be enforced by the courts, while the Directive Principles of State Policy are non-justiciable and serve as guidelines for the state to follow in its governance. Articles 24, 42, and 43, which are mentioned in the other options, are part of the Directive Principles of State Policy and do not pertain to the right to be informed at the time of arrest.

Article 22 is specifically designed to protect individuals from arbitrary arrest and detention. It ensures that individuals are informed of the grounds of their arrest, which is a fundamental principle of due process. This right is essential to prevent abuse of power by law enforcement agencies and to ensure that individuals are treated fairly and justly. The right to be informed of the grounds of arrest is a cornerstone of the legal system and is essential to uphold the rule of law and protect individual liberties.

Option Analysis:
  • Option A: Incorrect. Article 24 deals with the prohibition of employment of children in factories, mines, and other hazardous work. It does not pertain to the right to be informed at the time of arrest.
  • Option B: Incorrect. Article 43 is part of the Directive Principles of State Policy and deals with the living wage for workers. It does not address the right to be informed at the time of arrest.
  • Option C: Correct. Article 22 of the Indian Constitution provides safeguards against arrest and detention, including the right to be informed of the grounds of arrest and the right to consult a legal practitioner.
  • Option D: Incorrect. Article 42 is part of the Directive Principles of State Policy and deals with just and humane conditions of work and maternity relief. It does not address the right to be informed at the time of arrest.

Mnemonic: Remember "22" as the number of hours in a day, symbolizing the constant protection against arbitrary arrest.

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