22. Protection against arrest and detention in certain cases.—
(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.
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1. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words
(w.e.f. 18-6-1951).
2 Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (w.e.f. 1-4-2010).
12 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
(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:
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Cl.
(4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (date
yet to be notified) as—
"
(4) No law providing for preventive detention shall authorise the detention of a person for
a longer period than two months unless an Advisory Board constituted in accordance with the
recommendations of the Chief Justice of the appropriate High Court has reported before the
expiration of the said period of two months that there is in its opinion sufficient cause for such
detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other
members, and the Chairman shall be a serving Judge of the appropriate High Court and the other
members shall be serving or retired Judges of any High Court :
Provided further that nothing in this clause shall authorise the detention of any person
beyond the maximum period prescribed by any law made by Parliament under sub-clause
(a) of
clause
(7).
Explanation.—In this clause, "appropriate High Court" means,—
(i) in the case of the detention of a person in pursuance of an order of detention
made by the Government of India or an officer or authority subordinate to that
Government, the High Court for the Union territory of Dehli;
(ii) in the case of the detention of a person in pursuance of an order of detention
made by the Government of any State (other than a Union territory), the High Court for
that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention
made by the administrator of a Union territory or an officer or authority subordinate to such
administrator, such High Court as may be specified by or under any law made by
Parliament in this behalf.".
13 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
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 sub-clauses
(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).
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Sub-clause
(a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 3
(b)
(i) (date to be notified).
Sub-clause
(b) shall stand re-lettered as sub-clause
(a) by s. 3
(b)(ii), ibid. (date to be
notified).
Sub-clause
(c) shall stand re-lettered as sub-clause
(b) by s. 3
(b)(iii), ibid. (date to be
notified).
Sub-clause
(a) of clause
(4) shall stand substituted as "clause
(4)" by s. 3
(b)(iii),
ibid. (date to be notified).
14 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
Right against Exploitation
