With reference to the safeguards guaranteed under Article 22 of the Constitution, which of the following statements is legally accurate regarding the distinction between Punitive and Preventive detention?

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Accepted Answer

Article 22 grants two types of rights: the first part deals with ordinary punitive detention (where a person is tried after an offense), which includes the right to be produced before a magistrate within 24 hours. The second part deals with preventive detention (arrest without trial based on suspicion), and explicitly denies the 24-hour production right as well as the immediate right to consult a legal practitioner to the detainee, subject to advisory board timelines.

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