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, confession of the accused before the police cannot be used as evidence. 

How many of the above statements are correct? 

(a) Only one 

(b) Only two 

(c) All three 

(d) None

Answer- b

Explanation:

Article 355. The duty of the Union was to protect States against external aggression and internal disturbance

It shall be the duty of the Union 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.

Hence, statement 1 is correct.

Article 22: Rights of arrested persons under ordinary laws:  

Clause (1) and (2) of Article 22 guarantee four rights for a person who is arrested for any offence under an ordinary law-

1. the right to be informed ‘as soon as may be’ of ground of arrest,
2. the right to consult and to be represented by a lawyer of his own choice,
3. the right to be produced before a Magistrate within 24 hours,
4. the freedom from detention beyond the said period except by the order of the Magistrate.

The above fundamental rights guaranteed to arrested persons by clauses (1) and (2) of Article 22 are available to both citizens and non-citizens and not to persons who are enemy alien or arrested and detained under any law providing for preventive detention. 

There is no provision in Constitution of India that exempt the States from providing legal counsel to a person being held for preventive detention. 

Hence, statement 2 is incorrect.

Section 25& 26 in The Indian Evidence Act, 1872

25. Confession to police officer not to be proved.––No confession made to a police officer shall be proved as against a person accused of any offence.

 26. Confession by accused while in custody of police not to be proved against him.––No confession made by any person whilst he is in the custody of a police-officer unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.  

Section 32 of The  Prevention of Terrorism Act, 2002

32. Certain confessions made to police officers to be taken into consideration.- (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from out of which sound or images can be reproduced, shall be admissible in the trial of such person for an offence under this Act or the rules made thereunder.

Hence, statement 3 is correct.

Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2023