Constitution of India

Section 21

Protection of life and personal liberty

Englishहिंदी

⚡ Quick Answer Reference: Section 21 Constitution

Provision: Section 21 of Constitution
Act: Constitution of India
Classification: Statute
Jurisdiction: India
Summary: This section ensures that no person can be deprived of their life or personal liberty without following a procedure established by law. This means that any action that restricts a person's freedom or takes away their life must be done in accordance with a set of rules and guidelines that are clearly defined and followed.

Statutory Content

What does Section 21 of Constitution say?

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Indian StandardSection 21, Constitution of India

Bluebook (21st ed.)Constitution of India, § 21 (India)

Court Pleading StandardSection 21 of the Constitution of India

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 21 of Constitution mean?

Plain English Explanation

This section ensures that no person can be deprived of their life or personal liberty without following a procedure established by law. This means that any action that restricts a person's freedom or takes away their life must be done in accordance with a set of rules and guidelines that are clearly defined and followed.

Practical Interpretation

In real-life situations, this section means that law enforcement agencies, courts, and other authorities must follow established procedures when dealing with cases involving life or personal liberty. This includes ensuring that individuals are given due process, are informed of their rights, and are treated fairly and justly.

Core Legal Purpose

The core purpose of this section is to protect the fundamental rights of individuals by ensuring that any action that affects their life or personal liberty is done in a lawful and just manner. This section aims to prevent arbitrary or unjust treatment of individuals and to promote the rule of law.

Key Legal Elements

•No person shall be deprived of their life or personal liberty.
•The deprivation must be according to a procedure established by law.
•The procedure must be clearly defined and followed.
•There is no exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 21 Constitution

Rajesh, a citizen of India, is arrested by the police on suspicion of committing a crime. The police must follow the procedure established by law, which includes informing Rajesh of his rights, allowing him to consult with a lawyer, and ensuring that he is treated fairly and justly during the investigation. If the police fail to follow this procedure, Rajesh's personal liberty may be violated, and the police may be held accountable for their actions.

Common Questions (FAQ)

Frequently Asked Questions about Section 21 Constitution

Q: What is the punishment or consequence under Section 21 of Constitution?

This section is a procedural provision and does not prescribe a penal punishment. It ensures that any action that affects life or personal liberty is done in accordance with a set of rules and guidelines that are clearly defined and followed.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a fundamental right guaranteed to all citizens of India.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not applicable to determine whether an offence is bailable or cognizable.

Common Questions about Section 21 Constitution

What is Section 21 of Constitution?

Section 21 of the Constitution of India (Constitution) defines and regulates "Protection of life and personal liberty". In plain terms: This section ensures that no person can be deprived of their life or personal liberty without following a procedure established by law. This means that any action that restricts a person's freedom or takes away their life must be done in accordance with a set of rules and guidelines that are clearly defined and followed.

What are the elements of Section 21 of Constitution?

The essential elements of Section 21 of Constitution are: No person shall be deprived of their life or personal liberty.; The deprivation must be according to a procedure established by law.; The procedure must be clearly defined and followed..

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