The requirement under Article 22(1) of the Constitution to inform an arrested person about the grounds of arrest is not a formality but a mandatory constitutional requirement, and failure to do so will render the arrest illegal, the Supreme Court ruled recently.
About Article 22:
Article 22 of the Constitution of India provides protection from and against arrest and detention in certain cases.
These safeguards help in avoiding any miscarriage of justice by acting as a kind of check and balance on the powers of police officers making arrests and authorities empowered to detain a person.
These safeguards are available to all people, irrespective of whether they are citizens of India or not. However, it cannot be availed by an enemy alien.
These are applicable to all arrests, except those made under a warrant issued by the court.
The offence can either be criminal or quasi-criminal in nature or any activity prejudicial to the interests of the state.
However, these safeguards are not applicable to a person arrested or detained in a civil matter.
The seven clauses of the Article have been explained below:
Article 22(1) provides that no person can be arrested or detained without providing the reasons for the same. The person is also entitled to consult or be defended by a legal practitioner of his choice.
Article 22(2) further provides that the person arrested or detained in custody must be produced before the nearest Magistrate within 24 hours of his arrest or detention.
This time period does not include the time taken to travel from the place of arrest to the court of the Magistrate.
Further, it provides that no person can be detained in custody after the above-mentioned period has passed, without the permission of the Magistrate.
Clause (3) is an exception to Article 22(1) and 22(2). It states that the said clauses are not applicable to:
An enemy alien; or
Any person who has been arrested or detained under any preventive detention law.
Article 22(4) provides that no person can be detained for more than three monthsunder any law relating to preventive detention,unless it has been opined by the Advisory Board that such detention is justified.
As per Article 22(5), it is mandatory to disclose the grounds of arrest or detention to the arrestee or person detained in custody. The person must also be given an opportunity to make representation against the order of his detention.
Article 22(6) states that the detaining authority is empowered to not disclose facts that are against public interest, while disclosing the grounds of arrest or detention to the concerned person.
Under Article 22(7), lays down that the Parliament has been empowered to prescribe the:
Circumstances or classes under which a person may be detained for more than three months, without obtaining any opinion of the Advisory Board.
Maximum period for which a person can be detained under preventive detention laws.
Procedure to be followed by an Advisory Board in an inquiry as per clause 4 of Article 22.
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