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  • Category: Indian Law

    Question regarding fundamental right with respect to Indian Constituion


    Do you have a query regarding Article 22 of the constitution? Looking out for the scope, limitations and remedies regarding this article? Here, on this page our experts have provided all the legal aspects to you.

    "Article 22 of the Constitution makes provision for protection against arrest and dentenion in certain cases." Explain fully (a) the scope of and (b) the limitation of this protection. what are the other remedies given to detunes if article 22 does not apply
  • Answers

    3 Answers found.
  • As per article 22,
    No person arrested should be detained in police custody without informing the reason for his arrest and detention. He should be allowed to contact any legal practitioner for necessary action if asked for.
    A person who is arrested and detained should be produced before the court within 24 hours of the arrest. In these 24 hours, the time of commuting between the place of arrest to the court will not be included. Without getting permission from the magistrate.
    The above clauses are not applicable to any person who for the time being is an enemy alien and to a person who is arrested or detained under any law providing for preventive detention.
    3. If a person is arrested under preventive detention act, can be detained up to a maximum of three months. This period can be extended if a committee constituted for examining the extension of detention. Then members of the committee should be judges of High Court.
    4. The person should be informed about the reasons for his preventive detention and he should be given a chance to represent against the order.

    Article 22, is extremely important for a country like ours. It is a fundamental right. It ensures that an arrested person undergoes trial and will be given the chance to represent in a legal manner. Actually, Article 22 was not there in the Draft Constitution of India. It was added afterwards by the Constituent Assembly. This right comes under "Right to Freedom". It is one of the most important safeguards for the arrested and the detainees of India. It prevents the arbitrary arrest of individuals.

    drrao
    always confident

  • Article 22 of Constitution of India gives the right to every citizen about "Protection against arrest and detention in certain cases"

    According to article 22:

    1) If police arrest any person he should be informed about the grounds of his arrest.
    2) He can't be detained in custody by police for more than 24 hours and he should be produced before the court within 24 hours.
    3) He can't be detained under police custody for more than 24 hours without the authority of a magistrate.
    4) He is entitled to have a lawyer in his defence
    5) However, the person who has been arrested is an enemy alien or he has been arrested or detained under any law providing for preventive detention is exempted from above rights. Such a person can be detained for three months.
    .


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