Article 22
Definition
Protection against arrest and detention: grounds of arrest, right to counsel, production before a magistrate within 24 hours; preventive-detention safeguards in clauses (4) to (7).
- Instrument
- Constitution of India
- Provision
- Article 22
- Covers
- Arrest and detention safeguards
- Production limit
- Before a magistrate within 24 hours
- Preventive detention
- Clauses (4) to (7)
Common questions
How does Article 22 differ for ordinary arrest versus preventive detention?+
Ordinary arrest under clauses (1) and (2) guarantees grounds of arrest, counsel of choice, and production before a magistrate within 24 hours, while clauses (4) to (7) set a separate, weaker set of safeguards for preventive detention, which does not require a specific accusation of an offence.
Why is the 24-hour rule significant for evidence handling?+
It bounds the window during which an accused can be held in police custody without judicial oversight, which in turn shapes when and how forensic samples or statements taken during that period are later scrutinised for voluntariness.
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