Article 22

In one line: Article 22 protects persons against arbitrary arrest and detention, and also sets the conditions for preventive detention.

Rights of an arrested person

• Clause (1): to be informed of the grounds of arrest as soon as may be, and to consult and be defended by a legal practitioner of choice.
• Clause (2): to be produced before the nearest magistrate within 24 hours of arrest, excluding the time of travel, and not held beyond that without a magistrate's authority.

The exceptions

Clause (3) says these rights do not apply to an enemy alien, or to a person arrested or detained under a law providing for preventive detention.

Preventive detention

Clauses (4) to (7) allow detention without trial to prevent future acts. Detention beyond three months needs an Advisory Board's opinion that there is sufficient cause. The detainee must be told the grounds and given the earliest opportunity to make a representation.

Where to go next

• Arrest safeguards in Supreme Court case law
• Preventive arrest under BNSS Section 170