Every person who is arrested or detained is required to be produced before the nearest Magistrate within a period of :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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33.

Every person who is arrested or detained is required to be produced before the nearest Magistrate within a period of :

A: 24 hours

B: 48 hours

C: 72 hours

D: None of the above.

The answer is: A

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Explanation

The correct option is A: 24 hours.

This is because Article 22 (2) of the Constitution of India and Section 57 of the Code of Criminal Procedure, 1973 (CrPC) both state that any person who is arrested and detained in custody must be produced before the nearest magistrate within 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.

This is to ensure that the arrested person is not subjected to illegal or arbitrary detention and has the opportunity to seek legal assistance and bail.