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CMA Intermediate · Business Laws and Ethics · Introduction to Law and Legal System in India

Ramesh is a private citizen who is detained by police without being produced before a magistrate within 24 hours of arrest, excluding travel time. His lawyer approaches the High Court. Which statement is correct under the Constitution of India?

Article 22 requires an arrested person to be produced before the nearest magistrate within 24 hours, excluding travel time, and the High Court may issue habeas corpus under Article 226. The remedy is not limited to the Supreme Court, and Article 20 does not bar arrest.

  1. AArticle 22 requires production before the nearest magistrate within 24 hours, and he may seek a writ of habeas corpus under Article 226Correct
  2. BThe 24 hour rule applies only to non-citizens, so Ramesh has no remedy
  3. CThe only remedy is under Article 32 before the Supreme Court, as the High Court cannot issue writs
  4. DArticle 20 gives protection against arrest, so detention is automatically void

Explanation

Article 22 requires an arrested person to be produced before the nearest magistrate within 24 hours, excluding journey time. The High Court can issue habeas corpus under Article 226 to enforce fundamental rights. The rule is not limited to non-citizens, and Article 32 is an additional, not exclusive, remedy. Article 20 protects against conviction and punishment issues, not arrest.

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