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Constitution of India

Section 22

Protection against arrest and detention in certain cases

Quick Answer Reference: Section 22 Constitution

  • Provision: Section 22 of Constitution
  • Act: Constitution of India
  • Classification: Constitutional Law
  • Jurisdiction: India
  • Summary: This section protects individuals from unfair arrest and detention by ensuring they are informed of the grounds for arrest, allowed to consult a lawyer, and produced before a magistrate within 24 hours.
Statutory Content

What does Section 22 of Constitution say?

(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 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: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7).   (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.   (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.   (7) Parliament may by law prescribe— (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Indian StandardSection 22, Constitution of India
Bluebook (21st ed.)Constitution of India, § 22 (India)
Court Pleading StandardSection 22 of the Constitution of India
Canonical Web linkhttps://nyaya.cloud/acts/constitution-of-india/22

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose

What does Section 22 of Constitution mean?

Plain English Explanation

This section protects individuals from unfair arrest and detention by ensuring they are informed of the grounds for arrest, allowed to consult a lawyer, and produced before a magistrate within 24 hours.

Practical Interpretation

In practice, this section operates by requiring law enforcement to follow specific procedures when arresting and detaining individuals, including providing grounds for arrest and access to legal counsel.

Core Legal Purpose

The core purpose of this section is to safeguard individual liberties and prevent arbitrary detention by establishing procedural safeguards and limitations on preventive detention.

Key Legal Elements
  • The person must be informed of the grounds for arrest as soon as possible.
  • The person has the right to consult and be defended by a legal practitioner of their choice.
  • The key legal test is whether the detention is authorized by a magistrate or falls under an exception, such as preventive detention.
  • A key exception is for enemy aliens or persons detained under preventive detention laws.
Practical Example

Practical Example of Section 22 Constitution

For example, if Rajesh is arrested by the police, they must inform him of the grounds for his arrest and allow him to consult a lawyer. Rajesh must then be produced before the nearest magistrate within 24 hours, excluding travel time. If the police fail to follow these procedures, Rajesh's detention may be deemed unlawful.

Common Questions (FAQ)

Frequently Asked Questions about Section 22 Constitution

Q: What is the punishment or consequence under Section 22 of Constitution?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the procedures to be followed during arrest and detention.

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

This section applies to the state and its agencies, such as the police, in their dealings with private individuals.

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

This section does not create a criminal offence, but rather establishes procedural requirements for arrest and detention. Therefore, it is not classified as bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 22 Constitution

What is Section 22 of Constitution?

Section 22 of the Constitution of India (Constitution) defines and regulates "Protection against arrest and detention in certain cases". In plain terms: This section protects individuals from unfair arrest and detention by ensuring they are informed of the grounds for arrest, allowed to consult a lawyer, and produced before a magistrate within 24 hours.

What are the elements of Section 22 of Constitution?

The essential elements of Section 22 of Constitution are: The person must be informed of the grounds for arrest as soon as possible.; The person has the right to consult and be defended by a legal practitioner of their choice.; The key legal test is whether the detention is authorized by a magistrate or falls under an exception, such as preventive detention..

Landmark Case Laws

Landmark Judgments under Section 22 Constitution

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2014 8 SCC 273

Supreme Court of India

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Commonly Cited Alongside

Sections commonly cited alongside Section 22

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