Article 22: Protection against arrest and detention in certain cases. Right against Exploitation

The Constitution of IndiaCentral Constitution · 1950

About this text. The article text here was extracted from the official PDF automatically and is known to be incomplete: some articles are cut short and run into the next article’s heading, and none of the twelve Schedules are present, including the Seventh Schedule. The official PDF is complete; treat it as the record.

(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 THE CONSTITUTION OF INDIA (Part III.—Fundamental Rights.—Arts. 21A-22.)

Where this provision sits

Act	The Constitution of India
Article	22
Marginal note	Protection against arrest and detention in certain cases. Right against Exploitation
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	2

Judgments that turned on this provision

MP HIGH COURT ADV. BAR ASSOCN. vs UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS THROUGH THE SECRETARYSupreme Court of India · 2022-05-18
WP/5015/1995 of M/S V.K.GUTTEDAR DISTILL ERIES Vs EXCISE COMMR. FOR STATE OF KARHigh Court of Karnataka · 1998-06-08

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