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Give the correct response:
An arrest and detention of a defaulter who fails to pay income tax does not come within the purview of clause (1) and (2) of Article 22
The purpose of arrest is not to punish him but to make him pay the arrears
both (a) and (b) are correct
All statements are incorrect
It is further contended that the legislation on which- reliance is placed for supporting the arrest is also inconsistent with Article 22 of the Constitution in particular Clauses (1) and (2). It is not that Section 46(2), Income-tax Act could as a whole be considered to be affected by the said Article but it is only Section 48, Revenue Recovery Act, that is urged as contravening the provisions of Article 22, Clauses (1) and (2).
Article 22, Clause (1) provides that: "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 by Clause (2) it is provided that:
Hence option 3rd is correct.
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