Which of the following statements with respect to Article 22 of the Constitution and Criminal Law on fundamental rights of an arrested person is NOT correct?
- AThe Right to be informed at the time of arrest of the offence for which the person is being arrested
- BA boy under 15 years of age and women cannot be called to the police station only for questioning
- CThe Right to be presented before a magistrate within 24 hours of arrest
- DConfessions made in police custody can be used as evidence against the accused
Solution & Step-by-step Explanation
Under Section 25 and 26 of the Indian Evidence Act (and carried forward in modern criminal jurisprudence), confessions made in police custody are NOT admissible as evidence against the accused in court, due to the high risk of coercion or torture. Thus, option D is incorrect.
Options A and C correctly represent the fundamental rights guaranteed under Article 22 of the Constitution, while option B aligns with special protection provisions in criminal procedure rules (e.g., Section 160 of CrPC/BNSS) regarding vulnerable individuals.
Options A and C correctly represent the fundamental rights guaranteed under Article 22 of the Constitution, while option B aligns with special protection provisions in criminal procedure rules (e.g., Section 160 of CrPC/BNSS) regarding vulnerable individuals.