Article 22 of the Indian constitution

Protection against arrest and detention in certain cases (Article 22)

As per Article 22 —

• 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.

Our Constitution guarantees certain rights to the arrested person. The first part of Article 22 provides specific rights to persons under punitive detention. Punitive detention is the detention of a person after trial and conviction to punish him for an offence committed by him. These rights are,

• The right to be informed of the grounds of arrest,
• The right to consult a lawyer of one’s own choice,
• To be produced before the nearest magistrate within 24 hours of arrest (excluding the holidays and time taken during the journey).
• Further, the period of detention cannot be beyond what is authorized by the magistrate.

It may be noted that aforesaid safeguards are not available to:

• Alien enemies; and
• Persons arrested or detained under preventive detention law.

Preventive Detention – The second part of the Article deals with preventive detention. In preventive detention, persons are arrested to prevent them from committing a serious crime. Preventive detention is the detention of a person without trial for a limited period when the State suspects that a person is likely to commit a crime or is a threat to the security of the State. Such detention too is subject to some safeguards present in Article 22.