Rights of Arrested Persons in India

Article 22(1) and (2) ensure the following four safeguards for a person who is arrested:

• He is not to be detained in custody without being informed, as soon as may be, of the grounds of his arrest [Article 22 (1)].
• He shall not be denied the right to consult, and to be defended by, a legal practitioner of his choice [Article 22 (2)].
• A person arrested and detained in custody is to be produced before the nearest magistrate within a period of twenty-fours of his arrest excluding the time necessary for the journey from the place of arrest to the magistrate’s court [Article 22 (2)].
• No such person is to be detained in custody beyond this period without the authority of a magistrate [Article 22(2)].

A person needs to be informed before he is arrested to enable him to prepare his defence and move to court for bail etc.  Failure to inform the person arrested of the reasons of his arrest would entitle him to be released. If information is delayed, there must be some reasonable grounds justified by circumstances.

What is preventive detention?

The Article 22(1) and 22(2) make provisions to provide certain safeguards to arrested persons. However, Article 22(3) says that the above safeguards are not available to the following:

• If the person is at the time being an enemy alien.
• If the person is arrested under certain law made for the purpose of “Preventive Detention”