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, the confession of the accused before the police cannot be used as evidence. How many of the above statements are correct?

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YESPYQ · Accepted Answer

Correct answer: Only two. Statement 1 is correct: Under Article 355 of the Indian Constitution, it is the duty of the Union, i.e. the Central Government, 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. Statement 2 is correct: Article 22(3)(b) of the Indian Constitution explicitly states that the rights under Article 22(1) and 22(2)—which include the right to legal counsel—do not apply to individuals detained under preventive detention laws. Statement 3 is incorrect: Section 32 of Prevention of Terrorism Act 2002, allows confessions made before a police officer (not below the rank of Superintendent of Police) to be admissible as evidence in court, provided they are recorded in accordance with prescribed safeguards. This provision departs from general criminal law, where confessions before police are inadmissible under Sections 25 and 26 of the Indian Evidence Act. Article 22 protects individuals who are arrested or detained, outlining two t

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