Article 22
Red Book
Red Book

Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely punitive and preventive.

  • Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court,
  • Preventive detention means the detention of a person without trial and conviction by a court. Its purpose is not to punish a person for past offences but to prevent him from committing an offence in the near future.

Sub-Sections under Article 22: Article 22 has two parts. The first part deal with the cases of ordinary law and the second part deals with the cases of preventive detention law

First Part: The first part of Article 22 confers the following rights on a person who is arrested or detained under an ordinary law:

  • Right to be informed of the grounds of arrest.
  • Right to consult and be defended by a legal practitioner
  • Right to be produced before a magistrate within 24 hours, excluding the journey time
  • Right to be released after 24 hours unless the magistrate authorises further detention.
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