Which of the following are not included in the right to personal liberty?
The right to go abroad, the right to live with human dignity and the right of undertrial prisoners not to be detained for an unreasonably long period have all been read into…
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Which of the following are not included in the right to personal liberty?
Answer and explanation
Correct answer D
The right to go abroad, the right to live with human dignity and the right of undertrial prisoners not to be detained for an unreasonably long period have all been read into personal liberty under Article 21 (for example in Maneka Gandhi and Hussainara Khatoon). There is no absolute right never to be held in police custody beyond twenty-four hours: Article 22(2) requires production before the nearest magistrate within twenty-four hours, after which further custody may be authorised by the magistrate. So the answer is "Right not to be detained beyond 24 hours in police custody", although the right to prompt production before a magistrate remains.
Current law: BNSS section 58 retains the twenty-four-hour limit without magistrate authority. Section 187 permits up to fifteen days of police custody in whole or parts within the initial forty or sixty days, according to the applicable detention category; it does not remove the constitutional production safeguard.
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