What is a fundamental right of an arrested individual according to Art...
According to Article 22 of the Indian Constitution, an arrested individual has the fundamental right to consult and be defended by a lawyer of their choice. This right is essential for ensuring that the individual can adequately defend themselves and is protected against arbitrary detention and arrest. This provision helps maintain the integrity of the legal system and safeguards personal liberty. An interesting fact is that this provision aims to ensure that justice is not only done but is seen to be done, reinforcing the importance of fair legal representation in protecting individual rights.
What is a fundamental right of an arrested individual according to Art...
Fundamental Rights under Article 22 of the Indian Constitution
Article 22 of the Indian Constitution provides several protections to individuals who are arrested. Among these, the right to consult and be defended by a lawyer of their choice is a crucial fundamental right.
Key Details of Article 22:
- Right to Legal Representation:
Individuals who are arrested have the right to consult a legal practitioner of their choice. This ensures that they can receive proper legal advice and representation, which is essential for a fair trial.
- Protection against Arbitrary Arrest:
Article 22 aims to protect individuals from arbitrary arrest and detention. It mandates that a person must be informed of the grounds of arrest and must be given the earliest opportunity to consult a lawyer.
- Fair Trial Assurance:
The right to legal counsel strengthens the assurance of a fair trial. Without legal representation, individuals may struggle to defend themselves effectively, which could lead to unjust outcomes.
Other Rights Under Article 22:
- Right to be Informed of Grounds of Arrest:
An arrested person must be informed of the reasons for their arrest as soon as possible.
- Right to be Produced Before a Magistrate:
The arrested individual must be presented before a magistrate within 24 hours, excluding travel time, ensuring judicial oversight.
- Protection against Detention Beyond 24 Hours:
No individual can be detained for more than 24 hours without the approval of a magistrate, preventing unlawful detention.
In conclusion, the right to consult and be defended by a lawyer of choice is a fundamental safeguard for ensuring justice and protecting the rights of individuals under arrest in India.