Explain the rights proved under article 22 of the constitution?

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Answer

Answer

The article 22 every person has a right to defend him or her with a lawyer

Answer

Article 22 of the Constitution: Protection against Arrest and Detention

Introduction:
Article 22 of the Indian Constitution guarantees certain rights to individuals in relation to arrest and detention. These rights are essential for safeguarding the personal liberty and dignity of citizens.

Key Provisions:

1. Protection against arbitrary arrest and detention: Article 22(1) states that no person can be arrested or detained without being informed about the grounds of such arrest or detention. This provision ensures that individuals are aware of the reasons for their arrest or detention, preventing arbitrary action by authorities.

2. Right to consult a legal practitioner: Article 22(1) also grants the right to every person who is arrested the opportunity to consult and be defended by a legal practitioner of their choice. This provision enables individuals to seek legal advice and representation during their arrest or detention.

3. Production before a magistrate: Article 22(2) mandates that any person arrested and detained must be presented before the nearest magistrate within 24 hours of arrest. This provision ensures that the arrested person is not unlawfully kept in custody without judicial oversight.

4. Prevention of prolonged detention: Article 22(4) stipulates that no person can be detained beyond the maximum period prescribed by law. This provision prevents indefinite detention and upholds the principle of speedy justice.

5. Right to be informed of the grounds of arrest: Article 22(5) guarantees that every person arrested shall be informed about the grounds of their arrest and detention. This provision ensures transparency and allows individuals to challenge the legality of their arrest if necessary.

6. Protection of rights during emergency: Article 22(7) provides certain relaxations to the rights mentioned above during a proclaimed emergency. However, it specifies that the protection against arbitrary arrest and detention cannot be suspended even during emergencies.

Conclusion:
Article 22 of the Indian Constitution plays a crucial role in safeguarding the personal liberty and dignity of individuals. It ensures that no person is subjected to arbitrary arrest or detention and provides safeguards such as the right to consult a legal practitioner, production before a magistrate, and the right to be informed about the grounds of arrest. These provisions contribute to the fair and just administration of justice, ensuring that individuals are protected from undue harassment and deprivation of their fundamental rights.

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