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Q. Consider the following Statements with reference to Rights under Indian Constitution:

  1. No law shall declare any action as illegal from a backdate

  2. No person can be held under preventive detention.

  3. No person shall be asked to give evidence against himself or herself.


Which of the above given Rights have been provided to a person by the Constitution?
Options:
A .  1 and 3 only
B .  1 and 2 only
C .  3 only
D .  1, 2 and 3
Answer: Option A
:
A
Explanation:
Statement 1 and 3 are correct: Our Constitution ensures that persons accused of various offences would also get sufficient protection. We often tend to believe that anyone who is charged with some offence is guilty. However, no one is guilty unless the court has found that person guilty of an offence. It is also necessary that a person accused of any crime should get adequate opportunity to defend herself or himself. To ensure a fair trial in courts,the Constitution has provided three rights:

  • No person would be punished for the same offence more than once,

  • No law shall declare any action as illegal from a backdate, an

  • No person shall be asked to give evidence against himself or herself.


Statement 2 is Incorrect: Ordinarily, a person would be arrested after he or she has reportedly committed some offence. However there are exceptions to this.Sometimes a person can be arrested simply out of an apprehension that he or she is likely to engage in unlawful activity and imprisoned for some time without following the above mentioned procedure. This Is known as preventive detention. It means that if the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that person.

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