In Detail: Article 22 – Protection against arrest and detention with case laws


Article 22 of the Indian Constitution is a fundamental right that holds great importance in the Indian legal  system. It guarantees certain protections to individuals who are arrested or detained by the state. The article  is seen as a vital safeguard for personal liberty and ensures that no person is subjected to arbitrary or  unjustified arrest or detention.

In the Indian context, Article 22 is regarded as a fundamental pillar of a  democratic society, providing essential safeguards against abuse of power by the authorities. It is seen as  an embodiment of the principles of justice, fairness, and the rule of law. Indian citizens and legal experts  consider Article 22 as a crucial provision that upholds the rights of the accused and protects individuals  from arbitrary deprivation of their liberty.

It establishes the right of the detained person to be informed of  the grounds of arrest, consult with a legal practitioner, and be produced before a magistrate within 24  hours. 

These rights are seen as essential to ensure that the detained person has access to justice and can  challenge the legality of their detention. Moreover, Article 22 also encompasses provisions related to  preventive detention.

While preventive detention allows the state to detain individuals without trial for  certain reasons, Article 22 imposes several safeguards to prevent its misuse and ensure that it is exercised  judiciously. Overall, Article 22 is highly regarded by Indians as a vital protection for individual liberties  and a guarantee of fair treatment during arrests and detentions. It reflects the commitment of the Indian  Constitution to uphold the principles of justice, equality, and the rule of law. 

What is detention? 

Detention, according to law, refers to the lawful act of holding an individual in custody or confinement by  the authority vested with the power to do so. It is a legal term that encompasses various situations where a  person’s freedom of movement is restricted, typically by law enforcement or other authorized agencies, for  a specific period and under specific circumstances.

In the context of criminal law, detention usually occurs  when a person is arrested or taken into custody by law enforcement officials. This can happen when there is a reasonable suspicion that the individual has committed a crime, or when there are grounds to believe  that the person’s presence is necessary for investigation, prevention of a crime, or for ensuring their  appearance before a court of law. 

Detention can also be authorized in other areas of law, such as  immigration law or national security measures. In these cases, individuals may be detained to verify their  immigration status, address security concerns, or ensure compliance with immigration procedures and  regulations. It’s important to note that the legality of detention is subject to the principles of due process  and must be in accordance with the laws and regulations of the particular jurisdiction.

The detained person  generally has certain rights, such as being informed of the reasons for their detention, the right to legal  representation, and the right to challenge the lawfulness of their detention before a competent authority or  court. Detention according to law refers to the lawful deprivation of an individual’s liberty for a specific  period and under specific circumstances as authorized by relevant laws and regulations.

It is an essential  aspect of the legal system to maintain order, ensure public safety, and uphold the principles of justice and  due process. 

Rights of arrested people according to Article 22 

Article 22 of the Indian Constitution provides certain rights to arrested individuals in India. These rights  are aimed at safeguarding their personal liberties and ensuring fair treatment during arrest and detention.  The key rights provided by Article 22 include: 

  • Protection Against Arbitrary Arrest: Article 22 prohibits arbitrary arrest and ensures that no person can be  detained without proper justification. It states that a person cannot be arrested and detained without being  informed of the grounds of arrest. 
  • Right to be Informed of the Grounds of Arrest: An arrested person has the right to be informed of the  reasons for their arrest. They must be informed of the specific allegations or charges against them. 
  • Right to Consult and be Defended by a Legal Practitioner: The arrested person has the right to consult and  be defended by a legal practitioner of their choice. If they are unable to afford legal representation, the  state must provide them with legal aid. 
  • Right to be Produced Before a Magistrate: The arrested person must be produced before the nearest  magistrate within a period of 24 hours, excluding the time necessary for the journey. The magistrate will  then review the grounds of arrest and determine the legality of the detention. 
  • Right to Challenge the Legality of Detention: The arrested person has the right to challenge the legality of  their detention through a writ of habeas corpus. This writ enables them to seek immediate release if they  believe their arrest and detention are unlawful. 
  • Preventive Detention Safeguards: Article 22 also outlines certain safeguards regarding preventive  detention, which is the detention of individuals to prevent them from committing certain offenses. These  safeguards include informing the detained person of the grounds of detention, providing them with an  opportunity to make a representation against the detention, and ensuring that an advisory board  periodically reviews the detention to assess its necessity. 

These rights provided by Article 22 are crucial in ensuring that the rights of arrested individuals are  protected, and their detention is lawful and fair. They uphold the principles of personal liberty, due process,  and access to justice in the Indian legal system. 

What is impact of Article 22 in Indian society? 

Article 22 of the Indian Constitution has a significant impact on the lives of the Indian people by providing  essential protections and safeguards for individuals who are arrested or detained. Its impact can be  summarized as follows: 

  • Protection of Personal Liberty: Article 22 serves as a vital safeguard for personal liberty. It ensures that  individuals cannot be arrested or detained arbitrarily without valid reasons. This protection gives Indian  people the assurance that their freedom and liberty will not be curtailed without proper justification. 
  • Ensuring Fair Treatment: Article 22 guarantees that arrested individuals are treated fairly and in  accordance with the principles of justice and due process. It provides rights such as being informed of the  grounds of arrest, the right to consult with legal counsel, and the right to be produced before a magistrate  within 24 hours. These provisions ensure that individuals have access to legal representation and a fair  opportunity to challenge the legality of their detention. 
  • Upholding the Rule of Law: Article 22 plays a crucial role in upholding the rule of law in India. It sets  clear guidelines and procedures that must be followed during arrests and detentions, preventing abuse of  power and ensuring accountability of authorities. By providing mechanisms for judicial review and the  right to challenge the detention, it reinforces the principles of justice, equality, and due process. 
  • Protection against Arbitrary State Action: The provisions of Article 22 protect Indian people from arbitrary  state action and provide a check on potential abuses of power. By requiring valid grounds for arrest,  ensuring the right to legal representation, and enabling the review of detention by a magistrate, it acts as a  safeguard against wrongful arrests and detentions.
  • Promoting Confidence and Trust in the Legal System: The existence of Article 22 instills confidence and  trust in the Indian legal system among the people. It demonstrates the commitment of the Indian  Constitution to protect individual rights and liberties. By ensuring fair treatment during arrests and  detentions, it enhances public trust in the justice system and reinforces the belief that the law treats all  individuals equally. 

Basically, Article 22 has a profound impact on the Indian people by safeguarding their personal liberties,  ensuring fair treatment, upholding the rule of law, and protecting against arbitrary state action. It plays a  vital role in promoting justice, equality, and the fundamental rights of the Indian citizens. 

Case laws

In the case of A.K. Gopalan v. State of Madras, the Supreme Court ruled that the right to personal liberty was restricted to the legal process and that the court was not authorized to review the legality of an arrest or imprisonment in any other way. Many people condemned this decision for being excessively limiting to individual liberties.

The Supreme Court ruled in Menaka Gandhi v. Union of India that the right to personal liberty encompassed substantive due process in addition to the legal process as well. This judgment was viewed as a big victory for individual rights since it marked a considerable change from the Gopalan judgment.

The Supreme Court ruled in State of West Bengal v. Anwar Ali Sarkar that the access to legal counsel is a basic right and that the government is required to offer legal aid to those who cannot pay it. This choice played a key role in guaranteeing that everyone, regardless of means, had access to legal representation.

The Supreme Court issued guidelines for the arrest and detention of a person in the case of D.K. Basu v. State of West Bengal, which included the requirements that the arresting officer must inform the person of their right to legal representation and that they must be informed of their arrest by a relative or friend. This choice was important.


Article 22 of the Indian Constitution provides crucial protections and safeguards against arbitrary arrest  and detention. It ensures that individuals are not deprived of their personal liberty without proper  justification and guarantees certain fundamental rights during the process of arrest and detention. 

The key provisions of Article 22 include the right to be informed of the grounds of arrest, the right to legal  counsel, the requirement for timely presentation before a magistrate, the right to challenge the legality of  detention through a writ of habeas corpus, and safeguards for preventive detention. These provisions aim  to uphold the principles of justice, fairness, and the rule of law. 

The purpose of Article 22 is to safeguard the personal liberties of individuals and ensure that the process of  arrest and detention is conducted in a transparent, accountable, and lawful manner. By providing these  protections, Article 22 seeks to prevent arbitrary arrests, protect against abuse of power, and uphold the  fundamental rights and freedoms of the Indian people. 

However, it is important to note that the correct implementation of Article 22 relies on the adherence of  authorities, including the police and judicial system, to its provisions. Any violations of the rights and  safeguards provided by Article 22 can undermine its purpose and lead to breaches of constitutional rights.  Therefore, it is essential to be vigilant, promote awareness of these rights, and seek legal remedies if there  are concerns regarding the proper implementation of Article 22. 

In conclusion, Article 22 serves as a vital safeguard for personal liberty and fundamental rights in India. It  plays a crucial role in ensuring fair treatment, upholding the rule of law, and protecting individuals against  arbitrary arrests and detentions. By upholding the principles enshrined in Article 22, India aims to maintain  a just and democratic society that respects and protects the rights and dignity of its citizens.

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