Skip to main content

Constitution Of India Article 22 - Protection against arrest and detention in certain cases

 Description

(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.

(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:

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 () 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).

----

1. On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, art. 22 shall stand amended as directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III.


Comments

Popular posts from this blog

VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY

  VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY. VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY. (PLEASE READ THE DETAILS CAREFULLY BEFORE APPLYING). KINDLY READ THE FULL DETAILS AND DESCRIPTION VERY CAREFULLY BEFORE APPLYING OR DURING FILLING UP THE REGISTRATION FORM, SO THAT YOU AVOID ASKING UNWANTED QUESTION FOR WHICH THE DETAILS ARE ALREADY GIVEN IN THE FORM. KINDLY SEND THE FOLLOWING DETAILS IN THE GROUP OR DM AFTER FILING THE REGISTRATION FORM OR IN CASE YOU ARE NOT ABLE TO JOIN THE GROUP THEN SEND IT ON OUR OFFICIAL WHATS APP NUMBER IN DM: NAME: PREFERRED MONTH OF INTERNSHIP: PREFERRED DATE FROM WHICH YOU WANT TO START THE INTERNSHIP: PREFERRED MODULE IN WHICH YOU WANT TO JOIN AS SELECTED BY YOU: LAC-VIP – An initiative of Lexis and Company At LAC our motto is to strive for legal excellence, by assuring (instead of making sure) that all the demands of our clients are fulfilled as per their convenience and that they leave fully satisfied from the services we provide. At Le

URGENT HIRING FOR JUNIOR ASSOCIATE - LEGAL (LEVEL - 1)

  Junior Associates - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS / FRESHER LAW GRADUATES. Position: Junior Associates - Legal Trainee (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. (First three months the associate will be on probation and training, and during this period no salary or stipend will be paid , after minimum 3 months of regular service upon meeting the required number of working days and performance evaluation, the associates will be eligible for this pay band.) Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for Law Students / Fresh Law Graduates for the position of Junior Associates - Legal Trainee (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandato

HIRING FOR PHYSICAL INTERNSHIP PROGRAMME (LAC-PIP) AT LEXIS AND COMPANY - LAW FIRM

    WE ARE URGENTLY LOOKING FOR LAW STUDENTS, OR NEWLY ENROLLED ADVOCATES FOR  PHYSICAL INTERNSHIP PROGRAMME  AT OUR LAW FIRM IN JANAKPURI, NEW DELHI. PHYSICAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY LAW FIRM IS A UNIQUE AND CUSTOMIZED LEGAL TRAINING PROGRAMME FOR LAW STUDENTS AND ADVOCATES WHO WANTS TO BUILD THEIR CAREER IN LITIGATION AS AN INDIVIDUAL PRACTITIONER OR JOIN ANY CORPORATE LAW FIRM. (PLEASE READ THE DETAILS CAREFULLY BEFORE APPLYING).  CANDIDATES WHO ARE READY TO WORK PHYSICALLY AT OUR OFFICE IN JANAKPURI, NEW DELHI, SHOULD ONLY APPLY. CANDIDATE LOOKING FOR ONLINE JOB OR WORK FROM HOME JOB OR FREELANCE JOB OR PART TIME JOB SHOULD APPLY FOR OUR VIRTUAL INTERNSHIP PROGRAMME. QUALIFICATIONS: CANDIDATE WHO ARE EITHER LAW STUDENTS OR NEWLY ENROLLED AS AN ADVOCATE LOOKING TO LEARN AS A BEGINNER SHOULD ONLY APPLY. WORKING DAYS: MONDAY TO SATURDAY, 9:00 AM TO 06:00 PM. (PHYSICAL ONSITE) THIS JOB IS MORE OF A LEARNING OPPORTUNITY ONLY FOR LAW STUDENTS AND NEWLY ENROLLED ADVOCATE