Constitution of India · Part III: Fundamental Rights · Right to Freedom
Article 22: Protection against arrest and detention in certain cases
In plain words
A person who is arrested must be told the grounds for arrest as soon as possible, and has the right to consult and be defended by a lawyer of their choice. They must be produced before the nearest magistrate within twenty-four hours (excluding travel time), and cannot be held longer without the magistrate's authority.
- These protections do not apply to enemy aliens or people held under preventive detention laws.
- Preventive detention cannot exceed three months unless an Advisory Board of High Court judges (or those qualified to be) finds sufficient cause, or a law of Parliament allows it.
- A detained person must be told the grounds of detention as soon as possible and given the earliest chance to make a representation against it, though facts against the public interest need not be disclosed.
- Parliament can set the cases where longer detention is allowed without an Advisory Board, the maximum period, and the Board's procedure.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(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:
Explanation.—In this clause, "appropriate High Court" means,—
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; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 22 protects people who are arrested and detained. Clauses (1) and (2) apply to ordinary arrests: the right to be told the grounds of arrest, to consult a lawyer, and to be produced before a Magistrate within twenty four hours. Clauses (3) to (7) deal with preventive detention, where these protections are replaced by a more limited set.
Rights on arrest
- To be informed, as soon as may be, of the grounds of arrest.
- To consult and be defended by a legal practitioner of one's choice.
- To be produced before the nearest Magistrate within twenty four hours, excluding travel time.
- Not to be detained beyond that period without a Magistrate's authority.
Grounds of arrest in writing
The Supreme Court has held that the grounds of arrest must be communicated to the arrested person in writing, so that he can effectively seek bail and legal advice. Failure to do so vitiates the arrest and the remand, entitling the person to release.
Arrest is not routine
The existence of a power to arrest does not justify its use in every case. Police must be able to justify an arrest by reasons beyond the bare power. Detailed requirements, such as arrest memos, informing a relative, and medical examination, have been laid down to prevent custodial abuse.
Preventive detention
Preventive detention is detention to prevent a person from acting prejudicially in future, without trial. The detenu must be told the grounds as soon as possible and given the earliest opportunity to represent against the order. Detention beyond three months needs an Advisory Board's opinion. Courts scrutinise these safeguards strictly.
Key Supreme Court rulings
Joginder Kumar v. State of U.P. 1994 INSC 170
Laid down requirements to be followed in all arrests to prevent abuse: an arrest must be justified, and the arrested person has rights including information of grounds and consultation with a lawyer.
D.K. Basu v. State of West Bengal 1996 INSC 1508
Custodial violence violates Article 21; mandatory requirements were issued for arrests and detention, and compensation under public law is available for custodial violence.
Prabir Purkayastha v. State (NCT of Delhi) 2024 INSC 414
The requirement to communicate the grounds of arrest or detention in writing under Articles 22(1) and 22(5) is sacrosanct; non-compliance vitiated the arrest and remand.
Pankaj Bansal v. Union of India 2023 INSC 866
In a PMLA arrest, the remand judge failed in his duty to verify compliance with the arrest provisions and the grounds of arrest; the arrests were set aside.
Common mistakes
- Treating oral communication of grounds as enough after Prabir Purkayastha.
- Assuming the twenty four hour rule applies to preventive detention; it does not.
- Thinking a power to arrest means every arrest is justified.
Read with: Article 21 Constitution, Section 50 CrPC, Section 57 CrPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 22
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Mihir Rajesh Shah v. State of Maharashtra and Another
Whether in each and every case, even arising out of an offence under Penal Code, 1860 now Bharatiya Nyaya Sanhita, 2023 would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith…
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Dashwanth v. State of Tamil Nadu
Trial Court found appellant guilty for the charges framed u/ss.302, 201, 363, 366 and 354-B of the IPC and s.8 r/w. s.7 and s.6 r/w. s.5(m) of the POCSO Act. An appeal against the said conviction was dismissed by the…
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State of Karnataka v. Sri Darshan Etc.
Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.
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Dhanya M v. State of Kerala & Ors.
Whether the preventive detention of the detenu is in accordance with law.
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Kasireddy Upender Reddy v. State of Andhra Pradesh and Ors.
Whether the arrest of the appellant’s son was per se illegal for want of supply of appropriate and meaningful grounds of arrest, as alleged.
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Waris v. State of Madhya Pradesh
Whether Trial Court ought to have given proper time and opportunity to the legal aid defence counsel to prepare the matter and should have deferred the cross-examination of PW-1 by a reasonable time so as to ensure…
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
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Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
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Pradeep Nirankarnath Sharma v. State of Gujarat & Ors.
Does the decision in Lalita Kumari v. Government of Uttar Pradesh & Ors. [2013] 14 SCR 713 create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR.
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Radhika Agarwal v. Union of India and Others
Challenge to the constitutional validity and the right of the authorized officers to arrest under the Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act).
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Vihaan Kumar v. State of Haryana & Anr.
The main issue canvassed by the appellant in this appeal is the violation of the appellant’s right under Article 22(1) of the Constitution of India as the appellant was not informed of the grounds for his arrest.
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Sovaran Singh Prajapati v. The State of Uttar Pradesh
a. Whether the Trial Court followed the basic requirements of a fairly conducted trial, in accordance with well-established prepositions of law, before imposing death sentence upon the Appellant/Accused? b. Whether the…
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Mahabir & Ors. v. State of Haryana
Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a…
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Directorate of Enforcement v. Subhash Sharma
Whether the High Court was justified in holding that the respondent's arrest was illegal and thus, granting him bail for an offence under Prevention of Money Laundering Act, 2002.
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Suhas Chakma v. Union of India & Ors.
Access to free and timely legal aid for prison inmates.
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
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Sukanya Shantha v. Union of India & Ors.
Matter pertains to caste-based discrimination in the prisons in the country.
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Jaseela Shaji v. The Union of India & Ors.
Issue arose as to whether the non-supply of the statement of the person stating about the detenu’s dealing in foreign exchange to the detenu, has affected the right of the detenu to make an effective representation…
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Shabna Abdulla v. The Union of India & Ors.
Matter pertains to the correctness of the order passed by the Division Bench of the High Court dismissing the writ petition filed by the detenue’s sister-in-law challenging the detention order as well as the…
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Manish Sisodia v. Directorate of Enforcement
Appellant was incarcerated for around 17 months, trial yet to commence. Bail denied. Whether the trial court and the High Court correctly considered the observations made by this Court with regard to right to speedy…
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Arvind Kejriwal v. Directorate of Enforcement
Validity of arrest of the appellant under Section 19 of the Prevention of Money Laundering Act, 2002; scope and ambit of the Courts to examine the legality of the arrest under Section 19; whether the Court while…
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Md. Rahim Ali @ Abdur Rahim v. The State of Assam & Ors.
The Foreigners Tribunal, Nalbari declared the appellant to be a foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946.
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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Prabir Purkayastha v. State (NCT of Delhi)
Whether the arrest and subsequent remand of the accused-appellant was vitiated as the copy of the remand application was not provided to him or his counsel before passing of the order of remand thus, not informing him…
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Parteek Bansal v. State of Rajasthan & Ors.
Whether the High Court erred in not quashing FIR under Section 482 of Code of Criminal Procedure, 1973 in a complaint alleging offences under Sections 498A, 406, 384, 420, and 120(B), Indian Penal Code, 1860, on the…
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Nenavath Bujji Etc. v. The State of Telangana and Ors.
High Court, if erred in affirming the order of preventive detention passed by the Detaining Authority against the detenu and his associates for committing offence of gold chain snatching creating lot of fear and panic…
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Sarfaraz Alam v. Union of India & Ors.
Validity of the detention order passed by the respondents; Detenue’s right to make a representation, the communication regarding the same if to be made both orally and in writing.
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Ram Kishor Arora v. Directorate of
Whether the action of the respondent ED in handing over the document containing the grounds of the arrest to arrestee and taking it back after obtaining the endorsement and his signature thereon, as a token of he having…
- In Re: Article 370 of the Constitution v. .
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Lombardi Engineering Ltd. v. Uttarakhand Jal
Whether the dictum as laid down in ICOMM Tele Limited’s case can be made applicable to the instant case, when Clause 55 of the General Conditions of Contract provides for a pre-deposit of 7% of the total claim for the…
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The State of Telangana & Ors. v. M/S Tirumala
The Constitution (101st Amendment) Act, 2016, introduces a fundamental re-ordering of the constitutional premise of taxation by the Union and State Governments in India. It is the framework to enable the introduction of…
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Pankaj Bansal v. Union of India & Ors.
Whether the arrest of the appellants u/s. 19 of the Prevention of Money Laundering Act, 2002 was valid; whether there was proper compliance with s.19(1) of the Act of 2002 and as to whether the Vacation Judge/Additional…
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Ameena Begum v. The State of Telangana
An order of detention dated 24.03.2023 was passed by the Commissioner of Police against appellant’ s husband. Whether the alleged acts of commission for which the Detenu has been kept under detention are prejudicial to…
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Pesala Nookaraju v. The Government of
Whether the Division Bench of the High Court rightly declined to interfere with the order of preventive detention passed against the appellant detenu by the District Collec tor in exercise of his powers u/s. 3(2) of the…
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