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Consider the following statements:
1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.
2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
Consider the following statements:1. As per Article 20 of Constitutio...
Statement 1 is incorrect. Article 20 provides protection against arbitrary and excessive punishment to an accused person. It provides that no person shall be convicted of any offence except for violation of a law in force at the time of commission of act. A person cannot be punished for ex-post-facto laws. An ex-post- facto law is one that imposes penalties retrospectively. However, this protection is only made for criminal offences. This does not apply for any offence done under civil domain for ex: taxation laws.
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Statement 2 is incorrect. 44th Amendment of the Constitution amended the provisions of Article 22. Article 22 after amendment provides that a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state. The Original Constitution provided a time period of three months in place of two months. Presently, the provision of Original Constitution is under effect and not that of the 44th Amendment.
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Consider the following statements:1. As per Article 20 of Constitutio...
The correct answer is option D, neither 1 nor 2. Let's discuss each statement separately to understand why they are incorrect.
1. As per Article 20 of the Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.
This statement is incorrect. Article 20 of the Indian Constitution provides protection against ex post facto laws, which means that a person cannot be punished for an act that was not an offense at the time it was committed. However, this protection is limited to criminal cases and does not extend to civil cases. So, the statement is incorrect as it includes civil cases as well.
2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to the internal security of any state.
This statement is also incorrect. Article 22 of the Indian Constitution provides certain safeguards to a person arrested under preventive detention. It states that a person must be informed of the grounds of their arrest, must be allowed to consult and be defended by a legal practitioner of their choice, and must be produced before the nearest magistrate within 24 hours of arrest. However, the statement incorrectly mentions that a person cannot be detained for more than two months unless there is a threat to internal security. In reality, the maximum period for which a person can be detained under preventive detention is three months, and this can be extended to a maximum of one year under certain circumstances.
Therefore, both statements are incorrect as they misinterpret the provisions of the Constitution.
1. As per Article 20 of the Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.
This statement is incorrect. Article 20 of the Indian Constitution provides protection against ex post facto laws, which means that a person cannot be punished for an act that was not an offense at the time it was committed. However, this protection is limited to criminal cases and does not extend to civil cases. So, the statement is incorrect as it includes civil cases as well.
2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to the internal security of any state.
This statement is also incorrect. Article 22 of the Indian Constitution provides certain safeguards to a person arrested under preventive detention. It states that a person must be informed of the grounds of their arrest, must be allowed to consult and be defended by a legal practitioner of their choice, and must be produced before the nearest magistrate within 24 hours of arrest. However, the statement incorrectly mentions that a person cannot be detained for more than two months unless there is a threat to internal security. In reality, the maximum period for which a person can be detained under preventive detention is three months, and this can be extended to a maximum of one year under certain circumstances.
Therefore, both statements are incorrect as they misinterpret the provisions of the Constitution.
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Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements:1. As per Article 20 of Constitution, a person or an entity cannot be punished retrospectively in any civil and criminal cases.2. As per Article 22 of the Constitution, a person arrested under preventive detention cannot be detained for more than two months unless there is a threat to internal security of any state.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
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