Article 22 of CoI : Article 22: Protection Against Arrest And Detention In Certain Cases

Explanation using Example

Imagine a scenario where an individual named Arjun is taken into custody by the police on suspicion of theft. Under Article 22 of the Constitution of India, the following events should occur:

• The police must inform Arjun of the grounds for his arrest as soon as possible.
• Arjun has the right to choose and consult with a legal practitioner for his defense.
• Within 24 hours, excluding travel time, Arjun must be presented before a magistrate.
• If the police fail to present Arjun within this timeframe, they must obtain a magistrate's authority to continue holding him in custody.
• Should the arrest fall under preventive detention, the authorities must communicate the grounds to Arjun and allow him to make a representation against the order.

If any of these rights are violated, Arjun's detention could be challenged as unconstitutional.