| Introduction: What is Article 22? Body: Significance of Article 22 in the criminal justice system Conclusion: Way forward |
Article 22 of the Indian Constitution provides fundamental protections for individuals who are arrested or detained, ensuring procedural fairness and safeguarding individual liberties within the criminal justice system.
Procedural Fairness
- Transparency: A written record provides a clear and objective account of the reasons for arrest. This transparency allows for verification and prevents miscommunication or manipulation by authorities.
- Informed Decisions: Knowing the grounds in writing empowers the accused to understand the situation better. This allows them to make informed choices about their legal representation and potential defense strategy.
- Judicial Review: A documented record facilitates judicial review in case of a wrongful arrest. The written document becomes evidence for the court to assess the legality of the arrest.
Protection of Individual Liberties
- Prevents Arbitrary Arrests: The requirement discourages authorities from making arbitrary arrests without a legitimate basis. The need to document the grounds discourages arrests based on prejudice or personal motives.
- Empowers the Accused: Knowing the charges allows the accused to assert their rights effectively. They can challenge the legality of the arrest or seek bail more efficiently.
- Reduces Coercion: A written record minimizes the risk of the accused being pressured into confessions or incriminating statements due to confusion or fear.
Conclusion
Supreme Courts in various judgments like Siddharth v. State of Uttar Pradesh, Pankaj Bansal v. Union of India and Others (2023), & Prabir Purkayastha v. State (NCT of Delhi) have reiterated that The requirement to inform the accused of the grounds of arrest in writing, as stipulated in Article 22 of the Indian Constitution, is a cornerstone of procedural fairness and the protection of individual liberties that ensures transparency, accountability, and fairness within the criminal justice system.
