Which of the following Constitutional Provisions grants protection to ...
Constitutional Provisions Related To Arrest
- 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, on the other hand, means detention of a person without trial and conviction by a court.
- Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law.
- Hence, option D is correct.
Which of the following Constitutional Provisions grants protection to ...
The correct answer is option 'D' - Article 22.
Article 22 of the Indian Constitution grants protection to persons who are arrested or detained. This provision is crucial for safeguarding the fundamental rights and liberties of individuals, ensuring that they are not unlawfully deprived of their freedom. Let's understand the key provisions of Article 22 in detail:
1. Protection against arrest and detention:
- Article 22(1) states that every person has the right to be informed about the grounds of arrest, and if detained, the reasons for such detention.
- This provision ensures that the arrested or detained person is made aware of the charges against them, preventing arbitrary arrests or detentions.
2. Right to be produced before a magistrate:
- Article 22(2) mandates that every person who is arrested or detained in custody shall be produced before the nearest magistrate within 24 hours of arrest.
- This provision prevents the police from unlawfully holding individuals in custody for prolonged periods without judicial oversight.
3. Preventive detention:
- Article 22(3) allows for preventive detention, which means detaining a person to prevent them from committing certain harmful activities.
- However, this provision also lays down certain safeguards to prevent misuse of preventive detention laws.
- The detained person must be informed of the grounds of detention, and an advisory board must review the case within three months to assess the legality of the detention.
4. Protection against prolonged detention:
- Article 22(4) ensures that no person can be detained beyond the maximum period allowed by law.
- If a person is arrested or detained under a preventive detention law, an advisory board must review their case within six months to determine the necessity and legality of continued detention.
5. Right to consult a legal practitioner:
- Article 22(1) also guarantees the right of the arrested or detained person to consult and be defended by a legal practitioner of their choice.
- This ensures that individuals have access to legal assistance to protect their rights and interests during the arrest or detention process.
In conclusion, Article 22 of the Indian Constitution plays a crucial role in safeguarding the rights of individuals who are arrested or detained. It ensures that they are informed of the grounds of arrest or detention, produced before a magistrate within 24 hours, and provided with the opportunity to consult a legal practitioner. Furthermore, it lays down safeguards against arbitrary and prolonged detention, promoting the principles of fairness and justice.