Article 22 of Indian Constitution: Protection against Arrest and Detention

Article 22 of Indian Constitution protects individuals from unlawful arrest and detention. It ensures that anyone arrested is informed of the reasons for their arrest, has the right to consult lawyer and must be presented before a magistrate within 24 hours. It also allows for preventive detention, with limitations and mandates a hearing before an Advisory Board for detentions exceeding three months. Parliament can legislate on extended detentions while the Advisory Board reviews cases to ensure due process. Explore other Constitutional Articles

Article 22 of Indian Constitution

Protection against Arrest and Detention

1. No person who is arrested shall be detained in custody without being informed as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by, a legal practitioner of his choice
2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
3. Nothing in clauses (1) and (2) shall apply - (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. 
4. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless - (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
5. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. 
6. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
7. Parliament may by law prescribe - 

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4)

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention

(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Note: The information provided above has been sourced from the official website, i.e. Indian Code. While the content has been presented here for reference no modifications have been made to the original laws and orders.

Download Free PDF on Article 22 of Indian Constitution

Article 22 of Indian Constitution deals with the protection against detention and arrest in certain cases. The following are the objectives of the Article 22

• Prevent arbitrary arrest and detention
• Ensure individuals are informed of the grounds for arrest
• Protect the right to legal representation
• Prevent prolonged detention without trial
• Ensure fair treatment during custody
• Provide checks on state power

Article 22 (1) of Indian Constitution

According to Clause (1) of Article 22 of Indian Constitution individuals arrested must be informed of the grounds for their arrest as soon as possible and have the right to consult and be defended by a legal practitioner of their choice. The arresting authority must communicate the reasons for arrest in order to enable the individual to prepare a defense and seek bail . The right to legal representation is fundamental especially for marginalized groups who may not understand their rights .

Article 22 (2) of Indian Constitution

Clause (2) of Article 22 of Indian Constitution states that every arrested individual must be presented before a magistrate within 24 hours, excluding travel time for judicial oversight of the detention. Article 22(2) emphasizes judicial oversight by requiring that arrested persons be presented to a magistrate who must assess the legality of the arrest.

Article 22 (3) of Indian Constitution

The rights mentioned in Article 22 of Indian Constitution Clauses (1) & (2) do not apply to-

1. Enemy aliens
2. Persons detained under preventive detention laws

Article 22 (4) of Indian Constitution & Article 22 (5) of Indian Constitution

According to Article 22 of Indian Constitution Clause 4 provides that the preventive detention cannot exceed three months without an approval of the Advisory Board. On the other hand, Article 22 of Indian Constitution Clause 5 states that individuals detained must be informed of the grounds for their detention and allowed to make representations.

Article 22 (6) of Indian Constitution & Article 22 (7) of Indian Constitution

Clause 6 of Article 22 of Indian Constitution provides that the authorities are not required to disclose information if it is deemed against public interest. Article 22 Clause 7 of the Constitution states that Parliament can legislate on the maximum detention period and the procedures for advisory inquiries related to preventive detention.

Article 22 of Indian Constitution: Rights of an Arrested Person

Article 22 of Indian Constitution specifies essential rights for individuals who are arrested. The provision ensures that their detention is lawful and their dignity is respected. The right protects the arrested person’s ability to challenge unlawful arrest and prevent arbitrary detention. Below are the important rights guaranteed under Article 22 of Constitution:

Right to be Informed of the Grounds of Arrest

Article 22 of Indian Constitution provides important safeguards to individuals upon arrest and ensuring protection against arbitrary state action.

• Article 22 ensures that an arrested person is informed promptly of the reasons for their arrest.
• The failure to do so renders the detention illegal as established in the case of Prabir Purkayastha v. State (2024).

Right to Legal Representation

The right to legal representation is an essential component of Article 22 of Constitution which ensures that an arrested person is not left defenceless against the might of the State.

• An arrested person has the right to consult a legal practitioner of their choice.
• If unable to afford legal aid, the State must provide free legal assistance.
• This right is affirmed in Hussainara Khatoon v. Home Secretary, State of Bihar (1979) and State of West Bengal v. Anwar Ali Sarkar (1952).

Right to a Timely Judicial Hearing

Timely judicial oversight is a fundamental safeguard under Article 22 of Indian Constitution to prevent misuse of arrest powers. It ensures that no person is detained without prompt review by a judicial authority.

• The arrested individual must be presented before a Magistrate within 24 hours of arrest, excluding travel time, as per Article 22(2).
• This safeguards against arbitrary detention and ensures judicial oversight.

Right to Fair Trial and Procedural Safeguards

The right to a fair trial is deeply intertwined with Article 22 of Constitution and reinforced the importance of due process from the moment of arrest. It works in tandem with Article 21 to protect individual liberty through established legal procedures.

• Article 22 of Indian Constitution links with the broader right to a fair trial supported by Article 21
• Judicial pronouncements like D.K. Basu v. State of West Bengal (1997) set out the procedural duties of the police and state to ensure due process during arrests.

The judiciary has played an important role in interpreting and enforcing Article 22 of Indian Constitution. The following are some of the important Landmark Judgements of Article 22 

• Sheela Barse vs State of Maharashtra (1983): In this case, the Supreme Court held that the arrested individuals must be informed of the grounds for arrest and their right to apply for bail and in case of delays it must be justified.
• State of Uttar Pradesh vs Abdul Samad (1962): The Supreme Court in this case held that Magistrates must assess the legality of arrests when individuals are presented before them.
• Hansraj vs State of UP (1956): In this case the Court found a violation of Article 22 of Indian Constitution due to lack of information about trial dates and legal representation rights.
• Nandini Sathpathy vs P.L. Dhani (1978): The Court highlighted the fundamental right to legal representation during custodial interrogation.
• Hussainara Khatoon & Ors vs Home Secretary, State of Bihar (1979): The Supreme Court in Hussainara Khatoon vs State of Bihar reinforced the importance of free legal aid under Article 21 and highlighted the need for speedy trials for undertrial prisoners.
• Khatri vs State of Bihar (1981): In Khatri vs State of Bihar it was held that it is the authority of the State to provide free legal aid to accused persons who cannot afford it due to the economic crisis.
• Nilabati Behera vs State of Orissa and Ors (1993): The Court in Nilabati Behera vs State of Orissa highlighted the obligation of the State to safeguard the rights of the citizen during custody.
• Vihaan Kumar vs The State of Haryana (2025): The 2-Judge Bench of the Supreme Court of India comprising Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh held that the arrest of Vihaan Kumar was unlawful and unconstitutional as it violated Article 22 of Indian Constitution. The Court determined that the State of Haryana failed to establish that the Appellant was directly informed of the reasons for his arrest. 
• Manjeet Singh @ Inder @ Manjeet Singh Chana vs. State Of UP (2025): The Allahabad High Court quashed the arrest of a man in a forgery and cheating case ruling that his constitutional rights under Article 22 of the Constitution and Section 50 of Criminal Procedure Code were violated. The court noted that the reasons for his arrest were not provided in writing as required by law and the remand magistrate failed to ensure compliance with legal safeguards. The court also emphasized the importance of informing the accused of their right to legal aid and proper hearing. The arrest and remand order were therefore set aside.
• Hemanth Datta @Hemantha State of Karnataka (2025): The Karnataka High Court quashed the arrest and remand order of Hemanth Datta, arrested in a murder case due to the non-communication of the grounds for his arrest in writing, violating his rights under Article 22 of Indian Constitution. The court explained that this requirement applies retrospectively even before the Supreme Court's judgment in Prabir Purkayastha. It emphasized that the failure to communicate the grounds hindered the petitioner's ability to challenge the lawfulness of his arrest. The petitioner was ordered to be released on bail.

Conclusion

Article 22 of Indian Constitution is an important provision for the protection for personal liberty. It ensures that individuals are not subjected to arbitrary detention without legal recourse. The rights provided under Article 22 are essential for ensuring that everyone has access to a fair procedure of law.