Article 22 outlines the essential procedural safeguards for arrested persons, limiting the state's power to detain individuals without trial.
1. Part I: Punitive Detention Safeguards
When a person is arrested under ordinary criminal law (after committing an offense), they enjoy three primary constitutional rights under Article 22(1) and 22(2):
- Right to be informed of the grounds of arrest as soon as possible.
- Right to consult and be defended by a legal practitioner of their choice.
- Right to be produced before the nearest Magistrate within 24 hours of arrest (excluding travel time), and no detention beyond 24 hours without magistrate approval.
2. Part II: Preventive Detention Safeguards
Preventive detention is the arrest of a person without trial, based on the suspicion that they *might* commit a crime or threaten national security. Because it is highly susceptible to abuse, the Constitution mandates strict safeguards under Article 22(4):
- The 3-Month Limit: A person cannot be detained under preventive detention for more than 3 months unless an Advisory Board (consisting of High Court judges or qualified persons) reviews the case and finds sufficient cause for longer detention.
- Communication of Grounds: The detaining authority must communicate the grounds of detention to the detainee as soon as possible. However, the state can refuse to disclose facts that it believes are against public interest.
- Right of Representation: The detainee must be granted the earliest opportunity of making a representation against the detention order.