Protection against arrest and detention under Constitution of India

Protection against arrest and detention under Constitution of India

-Right to freedom (Article 19-22)

Article 22(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 defended by, a legal practitioner of his choice.

Article(2)- Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for journey from the place of arrest to court of magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Article 22(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.

Article 22(4)- No preventive detention beyond three months shall apply without review of advisory board.

Advisory board-

-It consist members prescribed by the state who are or have been or, are qualified to be appointed as High Court Judge.

-Advisory board may enhance - 12 Month(maximum)

-Detained person-entitled to make representation before advisory board.

Article 22(5)- 1)- to know grounds of detention( must be communicated as soon as possible.

Exception- Article 22(6) Detaining authority may deny to disclose certain facts to detainee in public interest.

Article 22(7)-

Power of parliament-

1)- Parliament may prescribe the circumstances under which and the cases in which a person may be detained for more than 3 Month without obtaining the opinion of advisory board.

2)- Parliament may lay down the maximum period of detention.

3)-Parliament may lay down the procedure to be followed by the advisory board.

                              Ayush