The right to freedom guarantees freedom for citizens to live a life of dignity among other things. These are given in Articles 19, 20, 21A and 22 of the Indian Constitution.

Article 22 deals with the protection against arrest and detention in certain cases. 

• This article is applicable to both citizens and non-citizens.
• This provision extends certain procedural safeguards for individuals in case of an arrest.
• It comes into the picture after a person has been arrested. It is not a fundamental right against detention and arrest.
• The idea behind this right is to prevent arbitrary arrests and detention.
• The article provides the following safeguards:
  • Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
  • Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
  • Article 22(3) – No individual who has been arrested can be kept in custody for more than the period determined by the judicial magistrate.
• These safeguards are, however, not applicable to 
  • Enemy aliens
  • People arrested under preventive detention law

Hence, it is clear that Article 22 of the Constitution ensures the Right not to be ill-treated during arrest or while in custody.

• There are two types of detention: 
  • Punitive
  • Preventive
• Punitive detention is detention after a trial.
• Preventive detention is detention without trial.
• The idea behind this is to prevent an individual from committing a crime. This means that persons can be detained on grounds of suspicion.
• The rights of people arrested in this manner are governed by preventive detention laws.