Article 22: Protection against arbitrary arrest and detention.
Article 22(1): No person who is arrested shall be detained in custody without being informed as soon as may be of the ground of such arrest.
Article 22(2): No such person shall be denied the right to consult and to be defended by a legal practitioner of his choice.
Article 22(3): Every person who is arrested and detained in custody shall be produced before the nearest magistrate within the period of twenty-four hours of arrest excluding the time necessary to for the journey from the place of arrest to the court of magistrate and no such person shall be detained in custody beyond the said period without the authority of the magistrate.
The above safeguards are however not available to (a) an enemy alien (b) a person arrested or detained under a law providing for preventive detention.
The constitution itself authorise the legislature to make a law providing for Prevention detention for reasons connected with the security of a state, the maintenance of public order or maintenance of supplies essential to the community or for reasons connected with the Defence, Foreign Affairs or the Security of the state.
Safeguard against abuse of above power :
(i) The government is entitled to detain such person in custody only for three months. If it seeks to detain the arrested person for more than three months, it must obtain a report from the Advisory Board.
(ii) The person so detained shall, as soon as may be informed of the grounds of his detention except for facts which the detaining authority considers to be against the public interest to disclose.
(iii) The person detained must have the earliest opportunity of making a representation against the order of detention.
It is the part of Fundamental Rights given to the citizen of India. It seeks to give relief against arbitrary arrest and detention.
It states that “No person arrested shall be detained without informing him the ground of arrest “. The arrested person will be allowed to consult the legal practitioner of his choice. Also, the arrested person shall be produced before the nearest judicial magistrate within 24 hours.
It is associated with the protection against arbitrary arrest and detention of a person.