Article 22 of The Constitution of India (Original Text):
Protection against arrest and detention in certain cases.—
- No 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.
- 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.
- 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.
- 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
- such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
- 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.
- 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.
- 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).
Explanation-Article 22 of The Constitution of India:
1. Rights of Arrested Persons
- Notification of Grounds: No person who is arrested shall be detained in custody without being informed, as soon as possible, of the grounds for such arrest.
- Right to Legal Counsel: No person shall be denied the right to consult and be defended by a legal practitioner of their choice.
- Magistrate Presentation: Every person who is arrested and detained in custody shall be produced before the nearest magistrate within 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate. No person shall be detained in custody beyond this period without the authority of a magistrate.
2. Exceptions to Rights of Arrested Persons
(a) Enemy Aliens
These protections do not apply to any person who is an enemy alien at the time.
(b) Preventive Detention
These protections do not apply to any person who is arrested or detained under any law providing for preventive detention.
3. Preventive Detention Provisions
- Three-Month Limit: No law providing for preventive detention shall authorize the detention of a person for longer than three months unless:
- Advisory Board Approval: An Advisory Board, consisting of persons who are or have been, or are qualified to be appointed as Judges of a High Court, reports before the expiration of the said three-month period that there is sufficient cause for such detention.
- Parliamentary Law Compliance: The person is detained in accordance with provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
- Communication of Grounds: When a person is detained under any law providing for preventive detention, the authority making the order shall, as soon as possible, communicate to the person the grounds for the order and afford them the earliest opportunity to make a representation against it.
- Public Interest Non-Disclosure: Nothing in clause (5) requires the authority to disclose facts that it considers to be against the public interest.
4. Parliamentary Authority on Preventive Detention
Parliament may by law prescribe:
(a) Circumstances for Extended Detention
The circumstances and classes of cases in which a person may be detained for more than three months under any law providing for preventive detention without the opinion of an Advisory Board.
(b) Maximum Detention Period
The maximum period for which a person may be detained under any law providing for preventive detention.
(c) Advisory Board Procedure
The procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
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