MindMap Gallery Article 22: Legal Diagram on Protection Against Arrest and Detention

Article 22: Legal Diagram on Protection Against Arrest and Detention

This legal diagram provides an overview of Article 22, highlighting the constitutional protections afforded to individuals against arrest and detention. It outlines the specific rights available to detained persons and the various preventive detention laws enacted by Parliament. The diagram further distinguishes between punitive detention and preventive detention, with references to legislative acts and constitutional amendments that have shaped this legal area.

Edited at 2022-11-22 06:25:13

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Article 22: Legal Diagram on Protection Against Arrest and Detention

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Outline

Article - 22 Protection against Arrest and Detention.

Grants protection to persons who are arrested or detained.

The 44th constitutional amendment Act of 1978 has reduced the period of detention without obtainig opinion of advisory board from 3 months to 2 months.

however this provision has not been brought into force. hence 3 months period still continues.

Detention is of two types.

Punitive Detention.

To punish a person for an offence committed by him after trial and conviction in a court.

Preventive Detention.

Detention of a person without trial and coviction by the court.

Its purpose is to prevent him/her from convicting the offence in future, and not to punish him

Article 22 has two parts, First part deals with the cases of ordinary laws/cases and the second part deals with the criminal cases and prevention cases.

Second part - grants protection to persons who are arrested or detained or under a preventive detention law.

Available to both - Citizen and non citizen.

1. The detention of a person cannot exceed 3months unless an advisory board reports suffiecient cause for extended detention.

THE BOARD IS CONSISTED OF JUDGES OF HIGH COURT.

2. The grounds of detention should be communicated with detenu.

3. The detenu should be afforded an oppurtunity to make a representation against the detention order.

First part - the following rights are the rights on a person who is arrested or detained.

1. Right to be informed of the grounds of arrest.

2. Right to cunsult and be defended by a legal practitioner.

3. Right to be produced before a maistrate within 24 hours, inclulding the journey time.

4. Right to be released after 24 hours unless the magistrate authorises further dentention.

THESE SAFEGAURDS ARE NOT AVAILABLE TO NON-CITIZEN or THE PERSON DETAINED UNDER A PREVENTIVE DETENTION LAW

Supreme court also stated that the first part does not cover arrest under the order of a court, civil arrest, arrest on failure to pay the income tax, and deportation of an alien.

Some Preventive detention laws made by Parliament are :

1. Preventive Detention Act, 1950. Expired in 1969

2. Maintenence of Internal Security Act (MISA), 1971 , Repealed in 1978

3. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974

4. National Security Act (NASA), 1980

5. Prevention of Blackmarketing and Maintenence of Supplies of essential Commodities Act (PBMSECA), 1980

6. Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985. Repealed in 1995

7. Prevention of Terrorism Act (POTA), 2002. Repealed in 2004.

8. Unlawful Activities (Prevention) Act (UAPA), 1967, as amended in 2004, 2008, 2012 and 2019.