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Art 22 has two parts, first part under clause 1 and 2

confers certain rights on arrested person, they are as

1. Right to be informed about grounds of arrest
2. Right to consult and be defended by legal
3. Right to be brought before the Magistrate within
24 hrs of arrest, excluding journey hrs
4. Any custody beyond 24 hrs needs Judicial
Magistrate’s permission.
Gunupati Keshvram Reddy v. Nasiful Hasan & State of
U. P AIR 1954 SC 636
Mr. Homi Dinshaw Mistry was arrested for publishing
some part of speeches in UP legislative Assembly.
He was detained in hotel to be produced before
Speaker of UP LA.
Petition U/Art 32 was filed by his friend seeking writ
of Habeas Corpus for violation of Art 22 (2).
SC issued Habeas Corpus and released him because he
was not produced before Magistrate within 24 hours
of his arrest.
State Of Punjab v Ajaib Singh AIR 1953 SC 10 (5 Judges)
The physical restraint Put upon an abducted person in the
process of recovering and, taking that person into custody
without any allegation or accusation of any actual or
suspected or apprehended commission by that person of any
offence of a criminal or quasi-criminal nature or of any act
prejudicial to the State or the public interest, and delivery of
that person to the custody of the officer in charge of the
nearest camp under s. 4 of the Abducted Persons (Recovery
and Restoration) Act (LXV of 1949) is not arrest and
detention within the meaning of art. 22 (1) and (2) of the
The said Act does not therefore infringe the fundamental
right guaranteed by art. 22 of the Constitution. Followed
A. K. Gopalan
Collector of Malabar v. Erimmal Ebrahim Hajee
AIR 1957 SC 688 (5 Judges)
A person who is arrested on a warrant issued by
Magistrate needs not to be produced before
Magistrate within 24 Hrs, SC applied the logic that
such warrant is issued by Magistrate by application
of mind.
But other rights are to be complied with like providing
an information about the grounds of arrest, right to
consult and be defended by an Advocate.
Preventive detention (PD)
Entry 9 of Union List and entry 3 of Concurrent
list authorise the Parliament and State
Legislature to make law authorising PD. And
entry 97 of Union List also empowers
parliament to make PD law for any other
So PD means detention only under those laws and
not any other general criminal laws like Cr. P. C.
or IPC.