Article 22: rights of an arrested person and preventive detention
LUG-104 Constitutional Law-I, Unit III: Protection against arrest and detention (Article 22). · LLB · 60 min
Article 22 has two faces. Clauses (1) and (2) give every arrested person four rights: to know the grounds, to consult a lawyer, to be produced before a magistrate within twenty-four hours, and not to be held longer without the magistrate's authority. Clauses (3) to (7) permit preventive detention, the power to lock up a person to prevent a future act, subject to an advisory board, a three-month limit and the detenu's right to grounds and representation. The lecture reads both parts, explains Joginder Kumar and D.K. Basu on arrest, A.K. Gopalan and A.K. Roy on detention, Khudiram Das and Icchu Devi on the rights of a detenu, and the unenforced 44th Amendment. Each half has been a 2 to 5-mark question in this paper.
Objectives
- State the four rights of an arrested person under Article 22(1)-(2) and the statutory provisions that carry them (CrPC / BNSS).
- Explain the D.K. Basu requirements and the Joginder Kumar principle that arrest is not routine.
- Distinguish preventive from punitive detention and explain the scheme of Article 22(4)-(7).
- Describe the advisory board, the three-month rule and the change made by the 44th Amendment which is still not in force.
- List the rights of a detenu under Article 22(5) with Khudiram Das and Icchu Devi Choraria and write the past-paper answers.
Slides
- What Article 22 says: two halves
- The four rights of an arrested person
- Joginder Kumar and D.K. Basu: arrest is not routine
- Preventive detention: meaning, history and justification
- The scheme of Article 22(4)-(7)
- A.K. Gopalan and A.K. Roy: the courts and detention laws
- Rights of a detenu: Khudiram Das and Icchu Devi Choraria
- The advisory board
- Exceptions, judicial review and the limits of Article 22
- How the examiner asks it
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