Which Article of the Constitution of India grants protection to persons who are arrested or detained?

The correct answer is Article 22.

Key Points

• Article 22 of the Indian Constitution provides specific rights and protections to individuals who are arrested or detained.
• It ensures that no person who is arrested shall be detained in custody without being informed of the grounds for such arrest.
• Article 22 guarantees the right to consult and be defended by a legal practitioner of their choice.
• It mandates that an arrested person must be produced before the nearest magistrate within 24 hours of arrest, excluding the time necessary for the journey to the magistrate's court.
• The article also lays down provisions regarding preventive detention, specifying the maximum period of detention and the procedural safeguards that must be followed.

Additional Information

• Preventive Detention:
  • Preventive detention refers to the act of detaining an individual to prevent them from committing a future crime.
  • Under Article 22, a person can be detained without trial for a maximum period of three months unless an Advisory Board reports sufficient cause for extended detention.
• Protection against Arbitrary Arrest:
  • Article 22 provides protection against arbitrary arrest and detention, ensuring that individuals are informed of the reasons for their arrest and have the right to legal representation.
• Fundamental Rights:
  • Article 22 is part of the Fundamental Rights enshrined in Part III of the Indian Constitution, which guarantees civil liberties to individuals to ensure their protection and freedom.
• Judicial Review:
  • The provisions under Article 22 are subject to judicial review, ensuring that any misuse of power by the authorities can be challenged in the courts.