What is Protection of life and personal liberty? What is Protection against arrest and detention in certain cases? Article 21 and 22 of Constitution of India, 1949
Protection of life and personal liberty and Protection against arrest and detention in certain cases are defined under Article 21 and 22 of Constitution of India 1949. Provisions under these Articles are:
Article 21 of Constitution of India "Protection of life and personal liberty"
No person shall be deprived of his life or personal liberty except according to procedure established by law
Article 22 of Constitution of India "Protection against arrest and detention in certain cases"
(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
authorize 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:
(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).