PPT: Article 22 Notes | EduRev

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UPSC : PPT: Article 22 Notes | EduRev

 Page 1


FUNDAMENTAL 
RIGHT
ARTICLE 22
Page 2


FUNDAMENTAL 
RIGHT
ARTICLE 22
Article 22
¦ Protection against arrest and detention in 
certain cases
¦ Article 21 & 22 are complimentary to each other.
To completely adopt & enact Rule of Law and for 
the benefit of larger society it is important to 
curtail some people’s liberty.
Page 3


FUNDAMENTAL 
RIGHT
ARTICLE 22
Article 22
¦ Protection against arrest and detention in 
certain cases
¦ Article 21 & 22 are complimentary to each other.
To completely adopt & enact Rule of Law and for 
the benefit of larger society it is important to 
curtail some people’s liberty.
ARTICLE 22
¦ But this Restrain/arrest should be on sound 
ground level not on cost of someone’s whims & 
fancies so we have Article 22.
¦ Article 22 has  total 7 clause in it.
¦ Clause 1 & 2 talks about Punitive Detention , 
Clause 3 talks about Exception & Clause 4-7 talks 
about Preventive Detention
Page 4


FUNDAMENTAL 
RIGHT
ARTICLE 22
Article 22
¦ Protection against arrest and detention in 
certain cases
¦ Article 21 & 22 are complimentary to each other.
To completely adopt & enact Rule of Law and for 
the benefit of larger society it is important to 
curtail some people’s liberty.
ARTICLE 22
¦ But this Restrain/arrest should be on sound 
ground level not on cost of someone’s whims & 
fancies so we have Article 22.
¦ Article 22 has  total 7 clause in it.
¦ Clause 1 & 2 talks about Punitive Detention , 
Clause 3 talks about Exception & Clause 4-7 talks 
about Preventive Detention
TERMS
¦ ARREST- Technical or Legal word which means to Restrain: a 
person who is arrested his liberties are confined and he is put in 
custody/ control of law.
¦ DETENTION-Detention is a word for confinement or 
imprisonment, usually for a short time
DIFFERENCE
The main difference between detention and arrest is whether a person 
is charged with a crime or not
Page 5


FUNDAMENTAL 
RIGHT
ARTICLE 22
Article 22
¦ Protection against arrest and detention in 
certain cases
¦ Article 21 & 22 are complimentary to each other.
To completely adopt & enact Rule of Law and for 
the benefit of larger society it is important to 
curtail some people’s liberty.
ARTICLE 22
¦ But this Restrain/arrest should be on sound 
ground level not on cost of someone’s whims & 
fancies so we have Article 22.
¦ Article 22 has  total 7 clause in it.
¦ Clause 1 & 2 talks about Punitive Detention , 
Clause 3 talks about Exception & Clause 4-7 talks 
about Preventive Detention
TERMS
¦ ARREST- Technical or Legal word which means to Restrain: a 
person who is arrested his liberties are confined and he is put in 
custody/ control of law.
¦ DETENTION-Detention is a word for confinement or 
imprisonment, usually for a short time
DIFFERENCE
The main difference between detention and arrest is whether a person 
is charged with a crime or not
ARREST & DETENTION
¦ In case of a person being detained, he is not formally accused of 
committing a crime but is simply restricted and kept in police custody 
on a reasonable suspicion. During the time in custody, he is 
questioned or investigated by the police authorities. After the police 
questioning, the person detained would be released.
¦ The situation would be entirely different if a person was arrested. A 
person can only be arrested if he is charged for a crime and once he 
is arrested and has to be produced before a magistrate within the 
next 24 hours.
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