According to the Prevention of Terrorism Act, 2002 , UPSC PRELIMS 2023 – The Core IAS

According to the Prevention of Terrorism Act, 2002 , UPSC PRELIMS 2023

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

ANS B

Statement 1 Correct

Statement 2 Correct : https://www.constitutionofindia.net/articles/article-22-protection-against-arrest-and-detention-in-certain-cases/#:~:text=Article%2022%2C%20Constitution%20of%20India,legal%20practitioner%20of%20his%20choice.

Statement 3: Incorrect DEPARTURE FROM THE GENERAL RULE OF EVIDENCE- POTA makes 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.