Constitution of IndiaPart IIIFundamental Right

Article 22

Protection Against Arrest and Detention in Certain Cases

arrestdetention24 hoursmagistratelegal counselpreventive detentionNSAUAPA

Plain English Explanation

Article 22 provides procedural safeguards upon arrest: (1) Right to be informed of grounds of arrest, (2) Right to consult a lawyer, (3) Right to be produced before a magistrate within 24 hours. However, these protections do NOT apply to: persons arrested under preventive detention laws (UAPA, NSA, etc.) or enemy aliens. Articles 22(4) to 22(7) deal specifically with preventive detention.

Legal Text

The Constitution of India · 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 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.