Protection against arrest and detention in certain cases
Article 22 — Protection against arrest and detention in certain cases
person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply—
- (a) to any person who for the time being is an enemy alien; or
- (b) to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless—
- (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
- (b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7). (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe—
- (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
- (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
- (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
Right against Exploitation
Plain English Summary
This article protects a person who is arrested by ensuring they are informed of the reasons for arrest and have the right to a lawyer. It also sets strict time limits for detention and provides safeguards against arbitrary detention under preventive laws.
Key Points
- Right to Information: An arrested person must be told the reasons for arrest promptly and has the right to consult a lawyer.
- Magistrate Production: Anyone arrested must be brought before a magistrate within 24 hours, unless there is a specific exception.
- Preventive Detention Limits: Laws allowing preventive detention cannot keep someone detained for more than three months unless an Advisory Board approves it.
- Right to Representation: If detained under preventive laws, the authority must inform the person of the grounds and give them a chance to object.
Why It Matters
This article ensures that arrests are not arbitrary by guaranteeing fundamental rights like access to legal counsel and setting strict time limits on detention, thereby protecting individual liberty.
Landmark Judgements
No major landmark judgements.