Polity Notes - 10
Article 22 – Safeguard against arbitrary arrest and detention
Safeguards enjoyed by arrested person -~> laid down in DK Basu case 1996:
Right to be informed of the grounds of arrest.
Right to consult & to be defended by a legal practitioner of his choice.
Right to be produced before a Magistrate within 24 hours, excluding the journey time.
Right to be released after 24 hours unless the magistrate authorizes further detention.
Punitive Detention Punish for an offence committed after trial and conviction in a court (postpaid!).
Preventive Detention Detention without trial for a limited period.
Safeguards enjoyed by detained person:
Can’t be detained for more than three months. Detention beyond three months required permission of Advisory body, comprising judge of the level of High Court. Detained person must be informed about the reason of his arrest, information ; withheld for public interest. Article 23 - Prohibition of traffic in human beings and forced labour. Traffic in …
