Safeguards against Arrest under Article 22

Article 22(1) and 22(2) protect a person arrested and detained under ordinary criminal law from arbitrary custody. They require disclosure of the reason for arrest, access to legal representation, prompt production before a magistrate, and judicial authorization for further detention.

Safeguards guaranteed

• The arrested person must be informed, as soon as may be, of the grounds of arrest so that the detention can be understood and challenged.
• The person cannot be denied the right to consult and be defended by a legal practitioner of choice.
• The arrested person must be produced before the nearest magistrate within 24 hours of arrest, excluding the time necessary for the journey to the magistrate's court.
• Detention beyond that 24-hour period requires the authority of a magistrate; the executive cannot continue custody on its own.

Purpose and scope

These safeguards place initial arrest and continued custody under legal and judicial supervision. They supplement the protection of personal liberty under Article 21 and are enforceable as Fundamental Rights.

• Under Article 22(3), these safeguards do not apply to an enemy alien or to a person arrested or detained under a preventive detention law.
• Preventive detention is governed separately by Article 22(4) to 22(7), whereas clauses (1) and (2) govern arrests under ordinary criminal law.