Rights Of Arrested Persons Under Article 22
What is Article 22?
Article 22 of the Constitution of India guarantees certain rights to persons arrested or detained to protect their personal liberty and prevent abuse by the state. It primarily aims to safeguard individuals against arbitrary arrest and detention.
Key Provisions of Article 22
Article 22(1):
No person arrested shall be detained in custody without being informed “as soon as may be” of the grounds for such arrest.
Article 22(2):
Every arrested person has the right to consult and be defended by a legal practitioner of their choice.
Article 22(3):
No person shall be detained in custody beyond 24 hours without being produced before a magistrate.
Article 22(4) and (5):
Protection against preventive detention without proper procedure.
Importance of Article 22
Protects personal liberty as guaranteed by Article 21.
Prevents illegal or arbitrary arrests.
Ensures right to legal representation.
Provides judicial oversight by mandating appearance before magistrate within 24 hours.
Case Laws Explaining Rights Under Article 22
1. D.K. Basu v. State of West Bengal, AIR 1997 SC 610
Facts: Guidelines were required to prevent custodial torture and illegal detention.
Judgment: The Supreme Court laid down detailed guidelines to be followed during arrest and detention under Article 22, including:
Arrest memo signed by witness.
Informing arrested person of grounds.
Right to meet lawyer.
Police to notify relatives/friends.
Significance: Landmark judgment strengthening procedural safeguards under Article 22.
2. Joginder Kumar v. State of UP, AIR 1994 SC 1349
Facts: Arbitrary arrest without sufficient grounds and delay in producing accused before magistrate.
Judgment: The Supreme Court emphasized that failure to produce arrested person within 24 hours violates Article 22(3) and such arrests can be challenged as illegal.
Significance: Reinforced judicial oversight and importance of timely magistrate production.
3. Rambir Singh v. Union of India, AIR 1987 SC 1472
Facts: Arrest was made without informing grounds or allowing consultation with lawyer.
Judgment: Court held that informing grounds of arrest and right to legal counsel are fundamental under Article 22(1) and (2). Violation renders arrest illegal.
Significance: Affirmed essential procedural rights of arrested persons.
4. Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535
Facts: The arrested person was denied right to consult a lawyer.
Judgment: The Supreme Court held that right to legal aid is a fundamental right flowing from Article 22 and refusal to allow lawyer is a violation.
Significance: Expanded Article 22 rights to include effective legal representation.
5. Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025
Facts: Issue regarding the right against self-incrimination and arrest procedures.
Judgment: Court held that arrested persons cannot be forced to answer incriminating questions; right to silence is implicit under Article 22.
Significance: Strengthened protections against forced confessions post arrest.
6. Khatri v. State of Bihar, AIR 1981 SC 928
Facts: Delay in producing accused before magistrate.
Judgment: Held that any delay beyond 24 hours without valid reason is a violation of Article 22(2) and can lead to release of accused.
Significance: Emphasized strict adherence to timelines for magistrate appearance.
Summary of Legal Principles Under Article 22
| Right Under Article 22 | Explanation |
|---|---|
| Right to be informed of grounds | Arrested person must be told reason for arrest immediately. |
| Right to consult lawyer | Access to legal counsel without delay. |
| Right to be produced within 24h | Prevents unlawful detention by mandating magistrate appearance within 24 hours. |
| Protection against self-incrimination | Arrested person cannot be compelled to answer questions. |
| Right to legal aid | Effective legal assistance is a fundamental right. |
Conclusion
Article 22 is a vital constitutional safeguard protecting the liberty and dignity of arrested persons. The judiciary has consistently upheld these rights to prevent misuse of arrest powers and ensure fair treatment. The cases above form the backbone of the legal framework governing arrests and detentions in India.
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