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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?
Only one
Only two
All three
None
According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
True. 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.
The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
True. Article 22(1) of the Constitution provides that a person who is arrested and detained in custody shall be produced before the nearest magistrate within 24 hours of his arrest, and Article 22(2) states that such person cannot be denied the right to consult and be defended by a legal practitioner of his choice. However, Article 22(3) specifies exceptions for preventive detention, which means that a person held under preventive detention might not enjoy the same rights as stated in Article 22(1) and 22(2).
According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
False. The Prevention of Terrorism Act (POTA), 2002, which is no longer in force (as it was repealed in 2004), had a controversial provision wherein confessions made to police officers were admissible in trials. This was one of the significant departures from the general law where confessions to the police are not admissible as evidence due to concerns over potential coercion or torture.
Given the evaluations, the correct statements are 1 and 2
By: Parvesh Mehta ProfileResourcesReport error
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