Article 22 of Constitution of India
Article 22 of Constitution of India deals with Protection against arrest and detention in certain cases.
(1) 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.
(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 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 subclauses (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)].
Related Cases / Recent Cases / Case Laws
- Smt K Vijaya Lakshmi Vs Govt of Andhra Pradesh Represented by its Secretary Home (Courts C1) Department and Another, Civil Appeal Jurisdiction, Civil Appeal No. 1389 OF 2013, Supreme Court of India judgement dated February 18, 2013
- Baby Devassy Chully @ Bobby Vs Union of India and Others, Criminal Appeal No. 866 of 2008, Supreme Court of India judgement dated October 12, 2012
- Under Article 143(1) of the Constitution of India, RE: Special Reference No.1 of 2012, Advisory Jurisdiction, Opinion delivered by the Supreme Court of India on September 27, 2012
- Mohd. Hussain @ Julfikar Ali vs The State (Govt. of NCT) Delhi, Supreme Court Judgement dated August 31, 2012
- Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid Vs State of Maharashtra: Criminal Appeal Nos. 1899-1900 of 2011 Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid Vs State of Maharashtra with Criminal Appeal No.1961 of 2011 State of Maharashtra Vs Fahim Harshad Mohammad Yusuf Ansari & Another and Transfer Petition (Criminal) No.30 of 2012 Radhakant Yadav Vs Union of India & others
- G K Reddy vs Nafisul Hasan, AIR 1954 SC 636: Authorities making an arrest must disclose the grounds of arrest to the arrested person.. Thus, the article provides protection against arrest made by the executive or other non-judicial authority.
- Article 21: Protection of life and personal liberty
- Section 41 of Code of Criminal Procedure, 1973: When police may arrest without warrant
- Section 42 of Code of Criminal Procedure, 1973: Arrest on refusal to give name and residence
- Section 43 of Code of Criminal Procedure, 1973: Arrest by private person and procedure on such arrest
- Section 44 of Code of Criminal Procedure, 1973: Arrest by Magistrate
- Section 45 of Code of Criminal Procedure, 1973: Protection of members of the Armed Forces from arrest
- Section 46 of Code of Criminal Procedure, 1973: Arrest how made
- Section 47 of Code of Criminal Procedure, 1973: Search of place entered by person sought to be arrested
- Section 50 of Code of Criminal Procedure, 1973: Person arrested to be informed of grounds of arrest and of right to bail
- Section 51 of Code of Criminal Procedure, 1973: Search of arrested person