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What is the Article 22?

Article 22 of the Indian constitution talks about the protection of life and personal liberty

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About  Article 22:

  • It deals with the protection against arrest and detention in certain cases. 
  • This article is applicable to both citizens and non-citizens.
  • This provision extends certain procedural safeguards for individuals in case of an arrest.
  • The idea behind this right is to prevent arbitrary arrests and detention.
  • The article provides the following safeguards:
    • Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
    • Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
    • Article 22(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
  • These safeguards are, however, not applicable to 
    • Enemy aliens
    • People arrested under preventive detention law.

Further Reading:

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