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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 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

1 Answer

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Answer:(a)Only one

1.The statement is correct. According to Article 355 of the Constitution of India, it is the duty of the Central Government to protect every state against internal disturbances and to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.

2.The statement is incorrect. The Constitution of India does not specifically exempt states from providing legal counsel to a person held for preventive detention. However, Article 22(1) of the Constitution states that a person who is arrested and detained in custody shall be informed of the grounds for such arrest and shall have the right to consult and be defended by a legal practitioner of their choice.

3.The statement is incorrect. The Prevention of Terrorism Act, 2002 POTA makes a departure from the general rule of evidence as u/s 32 the confessions made to a high ranking police officer can be used as evidence against the maker whereas the general rule of evidence is that confessions made to a police officer or in police custody are not to be used as evidence against the maker.