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A detention is said to be illegal if -
it infringes any of the provision of Article 22.
detention is not made in accordance with the procedure established by law.
both (a) & (b) are correct.
all statements are incorrect.
Case: Joginder Kumar v. State of UP
“There is a right to have someone informed. That right of the arrested person, upon request, to have someone informed and to consult privately with a lawyer was recognised by Section 56(1) of the Police and Criminal Evidence Act 1984 in England. These rights are inherent in Articles 21 and 22(1) of the Constitution and require to be recognised and scrupulously protected. For effective enforcement of these fundamental rights, we issue the following requirements:
It shall be the duty of the Magistrate, before whom the arrested person is produced, to satisfy himself that these requirements have complied with the above requirements shall be followed in all cases of arrest till legal provisions are made in this behalf. These requirements shall be in addition to the right of the arrested persons found in the various police manuals.”
Therefore, the Constitution of India provides certain rights to an arrested person, as a prerequisite to the Fundamental Rights provided to every citizen of the country. Article 21 and 22 establish the righteousness an arrested person holds in order to protect himself from any illegal action against him in the process of arrest.
Hence option 3rd is correct.
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