Prelims 2023

Q7. 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?
a. Only one
b. Only two
c. All three
d. None

Question from UPSC Prelims 2023 GS Paper

Explanation : 

Correct Answer b. Only two

Central Government’s Duty to Protect States: Article 355 of the Indian Constitution

This statement is correct. Article 355 of the Constitution of India 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.

Article 22. Protection against arrest and detention in certain cases

(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.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing for preventive detention.
This statement is also correct

Admissibility of Confessions in POTA 2002

This statement is incorrect. The Prevention of Terrorism Act (POTA), 2002, which has been repealed, allowed confessions made by the accused before a police officer of the rank of Superintendent of Police or above to be admissible as evidence during the trial (Section 32 of POTA).

So, only two statement are correct.

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