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Under clause (1) and (2) of Article 22 guarantees following rights to the arrested person
He shall not be detained in custody without informing the grounds of his arrest as soon as possible
He has a right ot be produced within 24 hours of his arrest
He shall not be detained beyond 24 hours without the authority of the court
All of these
Article 22 provides specific rights to arrested and detained persons, in particular the rights to be informed of the grounds of arrest, consult a lawyer of one's own choice, be produced before a magistrate within 24 hours of the arrest, and the freedom not to be detained beyond that period without an order of the magistrate. The Constitution also authorizes the State to make laws providing for preventive detention, subject to certain other safeguards present in Article 22. The provisions pertaining to preventive detention were discussed with scepticism and misgivings by the Constituent Assembly, and were reluctantly approved after a few amendments in 1949. Article 22 provides that when a person is detained under any law of preventive detention, the State can detain such person without trial for only three months, and any detention for a longer period must be authorised by an Advisory Board. The person being detained also has the right to be informed about the grounds of detention, and be permitted to make a representation against it, at the earliest opportunity.
By: Parvesh Mehta ProfileResourcesReport error
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