Article 22 of Constitutions of India – Protection against arrest and detention in certain cases.
Article 22 of Constitutions of India deals with Protection against arrest and detention in certain cases.
Original Text of Article 22 of Constitutions of India
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 authorize 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:
Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, (date yet to be notified) as—
“(4) No law providing for preventive detention shall authorize the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court :
Provided further that nothing in this clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause.
(7). Explanation.—In this clause, “appropriate High Court” means,—
(i) in the case of the detention of a person pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Dehli;
(ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by parliament in this behalf.”
Questions related to Article 22 of Constitution of India
Article 22 provides rights to people who are arrested, including the right to be informed of the reasons for arrest, to consult a lawyer, and to be produced before a magistrate within 24 hours. It’s a key safeguard in the Constitution of India.
Yes, but with some differences. Article 22 has separate provisions for preventive detention, allowing a person to be detained without trial for up to 3 months. These provisions are unique to this article among the Articles of Indian Constitution.
Absolutely. If detention goes beyond 3 months, it must be approved by an Advisory Board of judges. These checks help prevent misuse, as explained in several judgments on Indian Kanoon.
On Indian Kanoon, you’ll find Article 22 cited in cases involving police custody, unlawful arrests, and preventive detention laws like the NSA. Courts use it to decide if personal liberty has been violated under the Indian Constitution.
It strikes a balance between individual freedom and state security. While it protects citizens from arbitrary arrest, it also gives the government powers during sensitive situations—making it a critical part of the Indian Constitution.
For Further Reference:
Other Related Links:
