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Article 22Fundamental Rights1 case

Protection Against Arrest and Detention

Constitutional Text

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within twenty-four hours of such arrest and shall not be detained beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person who is an enemy alien or to any person who is arrested or detained under any law providing for preventive detention.

Plain-English Explanation

Article 22 provides crucial protections to arrested persons: the right to know the grounds of arrest, the right to consult a lawyer, and the right to be produced before a magistrate within 24 hours. These safeguards ensure that arrest does not become a tool of oppression. However, these protections do not apply to enemy aliens and persons under preventive detention laws.

Landmark Supreme Court Cases

A.K. Gopalan v. State of Madras

1950

The Supreme Court upheld preventive detention laws but emphasized the importance of procedural safeguards under Article 22.

Impact: Established that preventive detention laws must strictly comply with the procedural requirements of Article 22.