Article 22

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.