SlideShare a Scribd company logo
PROTECTION AGAINST
ARREST AND
DETENTION
Article 22
 Article 22 grants protection to persons who are
arrested or detained.
 Detention is of two types, namely, punitive and
preventive.
 Punitive detention is to punish a person for an offence
committed by him after trial and conviction in a court.
 Preventive detention, on the other hand,
 means detention of a person without trial and
conviction by a court.
 Its purpose is not to punish a person for a past
offence but to prevent him from committing an offence
in the near future.
 Thus, preventive detention is only a precautionary
measure and based on suspicion.
 The Article 22 has two parts—the first part deals
with the cases of ordinary law and the second part
deals with the cases of preventive detention law.
(a) The first part of Article 22 confers the following
rights on a person who is arrested or detained
under an ordinary law:
(i Right to be informed of the grounds of arrest.
(ii) Right to consult and be defended by a legal
practitioner.
(iii) Right to be produced before a magistrate
within 24 hours, excluding the journey time.
(iv) Right to be released after 24 hours unless the
magistrate authorises further detention.
 These safeguards are not available to an alien or a
person arrested or detained under a preventive
detention law.
 The Supreme Court also ruled that the arrest and
detention in the first part of Article 22
 do not cover arrest under the orders of a court, civil
arrest, arrest on failure to pay the income tax, and
deportation of an alien.
 They apply only to an act of a criminal or quasi-
criminal nature or some activity prejudicial to public
interest.
 (b) The second part of Article 22 grants protection
to persons who are arrested or detained under a
preventive detention law. This protection is
available to both citizens as well as aliens and
includes the following:
(i) The detention of a person cannot exceed three
months unless an advisory board reports sufficient
cause for extended detention. The board is to
consist of judges of a high court.
(ii) The grounds of detention should be
communicated to the detenu. However, the facts
considered to be against the public interest need
not be disclosed.
 (iii) The detenu should be afforded an opportunity to make a
representation against the detention order. Article 22 also
authorises the Parliament to prescribe
(a) the circumstances and the classes of cases in which a person
can be detained for more than three months under a preventive
detention law without obtaining the opinion of an advisory board;
(b) the maximum period for which a person can be detained in any
classes of cases under a preventive detention law; and
(c) the procedure to be followed by an advisory board in an inquiry.
The 44th Amendment Act of 1978 has reduced the period of
detention without obtaining the opinion of an advisory board from
three to two months. However, this provision has not yet been
brought into force, hence, the original period of three months still
continues.
 The Constitution has divided the legislative power with
regard to preventive detention between the Parliament
and the state legislatures.
 The Parliament has exclusive authority
 to make a law of preventive detention for reasons
connected with defence foreign affairs and the
security of India.
 Both the Parliament as well as the state legislatures
can concurrently make a law of preventive detention
for reasons connected with the security of a state,
 the maintenance of public order and the maintenance
of supplies and services essential to the community.
 The preventive detention laws made by the Parliament are:
(a) Preventive Detention Act, 1950. Expired in 1969.
(b) Maintenance of Internal Security Act (MISA), 1971. Repealed in
1978.
(c) Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act (COFEPOSA), 1974.
(d) National Security Act (NASA), 1980.
(e) Prevention of Blackmarketing and Maintenance of Supplies of
Essential Commodities Act (PBMSECA), 1980.
(f Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985.
Repealed in 1995. (g) Prevention of Illicit Traffic in Narcotic Drugs
and Psychotropic Substances Act (PITNDPSA), 1988. (10
Prevention of Terrorism Act (POTA), 2002.
Repealed in 2004. It is unfortunate to know that no democratic
country in the world has made preventive detention as an integral
part of the Constitution as has been done in India. It is unknown in
USA. It was resorted to in Britain only during
Article 22
 Safeguards against the arbitrary arrest and detention: Article 22
Article 22 makes the minimum procedural requirements which must
be included in any law enacted by legislature in accordance of
which a person is deprived of his personal liberty.
 Article 22(1) and (2) are also called Rights of an arrested
person
 A person cannot be arrested and detained without being informed
why he is being arrested.
 A person who is arrested cannot be denied to be defended by a
legal practitioner of his choice. This means that the arrested person
has right to hire a legal practitioner to defend himself/ herself.
 Every person who has been arrested would be produced before the
nearest magistrate within 24 hours.
 The custody of the detained person cannot be beyond the said
period by the authority of magistrate
The Article 22(1) and 22(2) make the above
provisions
 However, Article 22(3) says that the above
safeguards are not available to the following:
 If the person is at the time being an enemy alien.
 If the person is arrested under certain law made for
the purpose of “ Preventive Detention”
 The first condition above is justified, because when
India is in war, the citizen of the enemy country may be
arrested.
 But the second clause was not easy to justify by the
constituent assembly.
 This was one of the few provisions which resulted in
stormy and acrimonious discussions.
Preventive Detention Laws A person can be put in jail / custody for two
reasons.
 One is that he has committed a crime.
 Another is that he is potential to commit a crime in future.
 The custody arising out of the later is preventive detention and
in this, a person is deemed likely to commit a crime. Thus
Preventive Detention is done before the crime has been
committed.
 The definition of Preventive detention itself is so confusing.
For example: How one can say that a person will do a
crime in future? What are the implications of arresting a
person without having committed a crime? Why
Preventive Detention in peacetime. Isn’t it against the
safeguards of our own citizens as provided by Article 22?
http://www.gktoday.in/article-22-and-preventive-detention-in-
india/
The preventive detention laws are repugnant to modern
democratic constitutions---
They are not found in any of the democratic countries.
In England, the preventive detention law was
resorted to only during the time of war.
Of the provisions of the “Preventive Detention” are
unlawful in most countries like USA & UK, then why
we India has such thing?
The answer of above question is as follows: India is a
country having multi-ethnic, mutli-religious and
multilingual society. Caste and communal violence is
very common in India. Apart from that the
circumstances at the time , when our constitution
came in force demanded such provisions.
http://www.gktoday.in/article-22-and-preventive-
detention-in-india/
Cntd….
 This is evident from following statement of Dr.
Bhimrao Ambedkar: “….in the present
circumstances of the country,
 it may be necessary for the executive to detain a
person who is tempering either with the public
order or with the defense services of the country.
In such case,
 I don’t think that the exigency of the liberty of an
individual shall be above the interests of the state”
Dr. B R Ambedkar.
However, the provisions of the constitution seem to be ambiguous
and this ambiguity has been tried to do away with some
provisions.
These provisions are mentioned in Article 22 (1), 22(5), 22 (6).
Here is a summary of these provisions:
1. Every case of preventive detention must be authorized by law and
not at the will of the executive.
2. The Preventive detention cannot extend beyond a period of 3
months Every case of preventive detention must be placed before
an Advisory Board composed of Judges of the High Court (or
persons qualified for Judges of the High Court)
3. The case must be presented before the Advisory Board within 3
months.
4. A continued detention after 3 months must be having a “favours of
the Advisory Board”.
5. The person will be given opportunity to afford earliest opportunity
to make a representation against the preventive detention.
6. No person can be detained indefinitely
Article 22 (7) provides exception to the
above provisions.
 This Article mandates that: When parliament
prescribes by law the circumstances under
which a person may be kept in detention may
be kept in detention beyond 3 months without
the opinion of the advisory board. Parliament
by law can also describe under the same law,
the maximum period of detention.
Right Against Exploitation In Indian
Constitution
 The Rights against Exploitation is provided under
Articles 23 and 24 of the Constitution of India.
 Right to personal liberty is never real if some
people are exposed to exploitation by others.
 Arts. 23 and 24 of the constitution are designed to
prevent exploitation of men by men.
 Thus rights ensured by these two articles may be
considered as complimentary to the individual
rights secured by Arts. 19 and 21 of the
constitution.
Article 23 of the Indian Constitution reads as follows :
 “Traffic in human beings and beggar
 and similar other forms of forced labour are
prohibited
 and any contravention of this provision shall
be an offence punishable in accordance with
law.”

 “Nothing in this article shall prevent the state
from imposing compulsory service for public
purposes
 and in imposing such service the state shall
not make any discrimination on grounds only
of religion, race, caste of class or any of them.
Cntd…
 It is available to both citizen and non citizen.
 Art 23 protects individual not only against the
state but also private citizens.
 Begar-is involuntary work without payment.
 This clause does not prohibit forced labour as
punishment for a criminal offence.
 Vishal jeet v. UOI AIR 1990 SC 1412-Sc
issued direction to state govts and UT’s for
eradicating the evil of child prostitution and for
evolving programes for the care ,protection,
treatment etc.
 Gaurav jain v UOI AIR1990 SC 292-problem of
prostitution
 Immoral traffic prevention Act 1956
 And art 39(e)n (f) obligation on state for protection of
children and youth against exploitation and against
moral and material abandonment.
 Chandra v. state of rajasthan AIR 1959 Raj
186(sarpach of the village ordered every household to
send one man with spade and iron pan, to render free
service for the embankment for the village tank,n
Rajastahn HC held this order to be begar and violative
of 23(1).
 Kahason thangkhul v simirei shailei AIR 1961
Manipur 1 one day free labour of one man from
each household everyone to headman of the
village was declared as begar.
Cntd….
 Ever since the dawn of civilization in every society, the stronger
exploited the weak.
 Slavery was the most prevalent and perhaps the cruelest form of
human exploitation.
 Our constitution does not explicitly forbid slavery.
 The scope of Article 23 is far wide.
 Any form of exploitation is forbidden.
 Thus forcing the landless labour to render free service by the land-
owner is unconstitutional.
 Equally, forcing helpless women into prostitution is a crime.
The intention of the constitution is that whatever a person
does must be voluntary.
 There must not be any element of coercion involved behind a
man’s action.
Cntd…exception
 The state however may call upon citizens to
render national service in defence of the
country.
 Thus conscription is not unconstitutional.
But in compelling people to render national
service,
 the state must not discriminate on
grounds of race, sex, caste or religion.
Article 24
 Art. 24 forbids employment of child-labour in
factories or in hazardous works.
 The art. reads ”No child below the age of
fourteen years, shall be employed to work in
any factory or mine or, engaged in any other
hazardous employment.”
Cntd….
 In an environment of all pervading poverty, children are often forced
to seek employment to earn a living.
 Employers often find it less costly to engage child labour at a cheap
price.
 But children so employed do not get opportunities for development.
 Thus, employment of child labour is a form of traffic in human
beings.
 Hence it is justifiably –forbidden.
 But employment of child labour cannot be effectively checked
unless
 there is overall improvement of economic conditions of the poorer
sections of the society.
 This provision of the constitution remains a pious wish even today.

More Related Content

Similar to Protection Against Arrest and Detention art 2223 and 24.pptx

RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...
RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...
RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...
DeepakTongli2
 
IRC-Submission-on-the-IRP-Bill-2008
IRC-Submission-on-the-IRP-Bill-2008IRC-Submission-on-the-IRP-Bill-2008
IRC-Submission-on-the-IRP-Bill-2008
Maureen Kirkpatrick
 
Fundamental rights
Fundamental rightsFundamental rights
Fundamental rights
spprasad3
 
fundamentalrights-130330013756-phpapp02.pdf
fundamentalrights-130330013756-phpapp02.pdffundamentalrights-130330013756-phpapp02.pdf
fundamentalrights-130330013756-phpapp02.pdf
Rahuljain40418
 
DOC-20230704-WA0016_230809_131448.pdf
DOC-20230704-WA0016_230809_131448.pdfDOC-20230704-WA0016_230809_131448.pdf
DOC-20230704-WA0016_230809_131448.pdf
Rahuljain40418
 
Fundamental rights
Fundamental rightsFundamental rights
Fundamental rights
Umasree Raghunath
 
19 11-2021 (Daily News Anaylsis)
19 11-2021 (Daily News Anaylsis)19 11-2021 (Daily News Anaylsis)
19 11-2021 (Daily News Anaylsis)
IAS Next
 
Right to Life
Right to LifeRight to Life
Right to Life
Siddhi Srivastava
 
Fundamental Rights of indian constitution.pdf
Fundamental Rights of indian constitution.pdfFundamental Rights of indian constitution.pdf
Fundamental Rights of indian constitution.pdf
adityalilhare188
 
Basic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptxBasic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptx
VasimTamboli11
 
Fundamentalrights & duties 130330013756-phpapp02
Fundamentalrights & duties 130330013756-phpapp02Fundamentalrights & duties 130330013756-phpapp02
Fundamentalrights & duties 130330013756-phpapp02
Vijay Meattle
 
Constitutional law project (1)
Constitutional law project (1)Constitutional law project (1)
Constitutional law project (1)
PreetPatel74
 
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
Legal Aid: A Process to Ensure Access to Justice and Human Rights in BangladeshLegal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
inventionjournals
 
Admissibility of forensic evidence in the court of law
Admissibility of forensic evidence in the court of lawAdmissibility of forensic evidence in the court of law
Admissibility of forensic evidence in the court of law
Rajshree Sable
 
Here is the full text of the judgement on 66 a of IT act
Here is the full text of the judgement on 66 a of IT actHere is the full text of the judgement on 66 a of IT act
Here is the full text of the judgement on 66 a of IT act
Bhimashankar Sanga
 
Lecture 7 fundamental rights 2
Lecture 7   fundamental rights 2Lecture 7   fundamental rights 2
Lecture 7 fundamental rights 2
amanbishla1
 
Indian constitution
Indian constitutionIndian constitution
Indian constitution
Safeera Chenoth
 
Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01
Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01
Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01
Rashid Arhaan
 
Hrr article 2
Hrr article 2Hrr article 2
Hrr article 2
ZapataElimiano
 
Apoorva- Human Rights.pptx
Apoorva- Human Rights.pptxApoorva- Human Rights.pptx
Apoorva- Human Rights.pptx
APOORVAGupta210934
 

Similar to Protection Against Arrest and Detention art 2223 and 24.pptx (20)

RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...
RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...
RIGHT TO FREEDOM UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA AND NEW CHALLE...
 
IRC-Submission-on-the-IRP-Bill-2008
IRC-Submission-on-the-IRP-Bill-2008IRC-Submission-on-the-IRP-Bill-2008
IRC-Submission-on-the-IRP-Bill-2008
 
Fundamental rights
Fundamental rightsFundamental rights
Fundamental rights
 
fundamentalrights-130330013756-phpapp02.pdf
fundamentalrights-130330013756-phpapp02.pdffundamentalrights-130330013756-phpapp02.pdf
fundamentalrights-130330013756-phpapp02.pdf
 
DOC-20230704-WA0016_230809_131448.pdf
DOC-20230704-WA0016_230809_131448.pdfDOC-20230704-WA0016_230809_131448.pdf
DOC-20230704-WA0016_230809_131448.pdf
 
Fundamental rights
Fundamental rightsFundamental rights
Fundamental rights
 
19 11-2021 (Daily News Anaylsis)
19 11-2021 (Daily News Anaylsis)19 11-2021 (Daily News Anaylsis)
19 11-2021 (Daily News Anaylsis)
 
Right to Life
Right to LifeRight to Life
Right to Life
 
Fundamental Rights of indian constitution.pdf
Fundamental Rights of indian constitution.pdfFundamental Rights of indian constitution.pdf
Fundamental Rights of indian constitution.pdf
 
Basic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptxBasic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptx
 
Fundamentalrights & duties 130330013756-phpapp02
Fundamentalrights & duties 130330013756-phpapp02Fundamentalrights & duties 130330013756-phpapp02
Fundamentalrights & duties 130330013756-phpapp02
 
Constitutional law project (1)
Constitutional law project (1)Constitutional law project (1)
Constitutional law project (1)
 
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
Legal Aid: A Process to Ensure Access to Justice and Human Rights in BangladeshLegal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
 
Admissibility of forensic evidence in the court of law
Admissibility of forensic evidence in the court of lawAdmissibility of forensic evidence in the court of law
Admissibility of forensic evidence in the court of law
 
Here is the full text of the judgement on 66 a of IT act
Here is the full text of the judgement on 66 a of IT actHere is the full text of the judgement on 66 a of IT act
Here is the full text of the judgement on 66 a of IT act
 
Lecture 7 fundamental rights 2
Lecture 7   fundamental rights 2Lecture 7   fundamental rights 2
Lecture 7 fundamental rights 2
 
Indian constitution
Indian constitutionIndian constitution
Indian constitution
 
Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01
Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01
Assignmentonconsumerrightsprotectionact2009 130502022611-phpapp01
 
Hrr article 2
Hrr article 2Hrr article 2
Hrr article 2
 
Apoorva- Human Rights.pptx
Apoorva- Human Rights.pptxApoorva- Human Rights.pptx
Apoorva- Human Rights.pptx
 

Recently uploaded

一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
uhsox
 
How to Review a Contract Faster and More Efficiently
How to Review a Contract Faster and More EfficientlyHow to Review a Contract Faster and More Efficiently
How to Review a Contract Faster and More Efficiently
PracticeLeagueLegalt
 
Asian legal busiess india you are invited
Asian legal busiess india you are invitedAsian legal busiess india you are invited
Asian legal busiess india you are invited
digitalrashi12
 
Capital Punishment by Saif Javed (LLM)ppt.pptx
Capital Punishment by Saif Javed (LLM)ppt.pptxCapital Punishment by Saif Javed (LLM)ppt.pptx
Capital Punishment by Saif Javed (LLM)ppt.pptx
OmGod1
 
一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理
一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理
一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理
pdeehy
 
一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理
一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理
一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理
cadyzeo
 
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
meboh
 
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
onduyv
 
THE CONCEPT OF RIGHT TO DEFAULT BAIL.pptx
THE CONCEPT OF RIGHT TO DEFAULT BAIL.pptxTHE CONCEPT OF RIGHT TO DEFAULT BAIL.pptx
THE CONCEPT OF RIGHT TO DEFAULT BAIL.pptx
Namrata Chakraborty
 
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
woywevt
 
Legal Research and Legal Methodology-1.pptx
Legal Research and Legal Methodology-1.pptxLegal Research and Legal Methodology-1.pptx
Legal Research and Legal Methodology-1.pptx
varalakshmillm
 
BNS PRESENTATION for basic information.pdf
BNS PRESENTATION for basic information.pdfBNS PRESENTATION for basic information.pdf
BNS PRESENTATION for basic information.pdf
surbhiaeron21
 
一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理
一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理
一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理
onduyv
 
一比一原版(monash毕业证书)莫纳什大学毕业证如何办理
一比一原版(monash毕业证书)莫纳什大学毕业证如何办理一比一原版(monash毕业证书)莫纳什大学毕业证如何办理
一比一原版(monash毕业证书)莫纳什大学毕业证如何办理
bzofm
 
Comparative analysis of ipc and bharitye Naya sahinta
Comparative analysis of ipc and bharitye Naya sahintaComparative analysis of ipc and bharitye Naya sahinta
Comparative analysis of ipc and bharitye Naya sahinta
adi2292
 
Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?
RoseZubler1
 
一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理
一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理
一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理
hedonxu
 
PoliticalScience_SrSec_2023-24.pdfffffff
PoliticalScience_SrSec_2023-24.pdfffffffPoliticalScience_SrSec_2023-24.pdfffffff
PoliticalScience_SrSec_2023-24.pdfffffff
RajatVerma652178
 
A Critical Study of ICC Prosecutor's Move on GAZA War
A Critical Study of ICC Prosecutor's Move on GAZA WarA Critical Study of ICC Prosecutor's Move on GAZA War
A Critical Study of ICC Prosecutor's Move on GAZA War
Nilendra Kumar
 
一比一原版林肯大学毕业证(lincoln毕业证)如何办理
一比一原版林肯大学毕业证(lincoln毕业证)如何办理一比一原版林肯大学毕业证(lincoln毕业证)如何办理
一比一原版林肯大学毕业证(lincoln毕业证)如何办理
fexbqa
 

Recently uploaded (20)

一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
 
How to Review a Contract Faster and More Efficiently
How to Review a Contract Faster and More EfficientlyHow to Review a Contract Faster and More Efficiently
How to Review a Contract Faster and More Efficiently
 
Asian legal busiess india you are invited
Asian legal busiess india you are invitedAsian legal busiess india you are invited
Asian legal busiess india you are invited
 
Capital Punishment by Saif Javed (LLM)ppt.pptx
Capital Punishment by Saif Javed (LLM)ppt.pptxCapital Punishment by Saif Javed (LLM)ppt.pptx
Capital Punishment by Saif Javed (LLM)ppt.pptx
 
一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理
一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理
一比一原版(uwgb毕业证书)美国威斯康星大学绿湾分校毕业证如何办理
 
一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理
一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理
一比一原版加拿大达尔豪斯大学毕业证(dalhousie毕业证书)如何办理
 
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
 
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
 
THE CONCEPT OF RIGHT TO DEFAULT BAIL.pptx
THE CONCEPT OF RIGHT TO DEFAULT BAIL.pptxTHE CONCEPT OF RIGHT TO DEFAULT BAIL.pptx
THE CONCEPT OF RIGHT TO DEFAULT BAIL.pptx
 
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
 
Legal Research and Legal Methodology-1.pptx
Legal Research and Legal Methodology-1.pptxLegal Research and Legal Methodology-1.pptx
Legal Research and Legal Methodology-1.pptx
 
BNS PRESENTATION for basic information.pdf
BNS PRESENTATION for basic information.pdfBNS PRESENTATION for basic information.pdf
BNS PRESENTATION for basic information.pdf
 
一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理
一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理
一比一原版加拿大多伦多大学毕业证(uoft毕业证书)如何办理
 
一比一原版(monash毕业证书)莫纳什大学毕业证如何办理
一比一原版(monash毕业证书)莫纳什大学毕业证如何办理一比一原版(monash毕业证书)莫纳什大学毕业证如何办理
一比一原版(monash毕业证书)莫纳什大学毕业证如何办理
 
Comparative analysis of ipc and bharitye Naya sahinta
Comparative analysis of ipc and bharitye Naya sahintaComparative analysis of ipc and bharitye Naya sahinta
Comparative analysis of ipc and bharitye Naya sahinta
 
Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?
 
一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理
一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理
一比一原版新加坡南洋理工大学毕业证(本硕)ntu学位证书如何办理
 
PoliticalScience_SrSec_2023-24.pdfffffff
PoliticalScience_SrSec_2023-24.pdfffffffPoliticalScience_SrSec_2023-24.pdfffffff
PoliticalScience_SrSec_2023-24.pdfffffff
 
A Critical Study of ICC Prosecutor's Move on GAZA War
A Critical Study of ICC Prosecutor's Move on GAZA WarA Critical Study of ICC Prosecutor's Move on GAZA War
A Critical Study of ICC Prosecutor's Move on GAZA War
 
一比一原版林肯大学毕业证(lincoln毕业证)如何办理
一比一原版林肯大学毕业证(lincoln毕业证)如何办理一比一原版林肯大学毕业证(lincoln毕业证)如何办理
一比一原版林肯大学毕业证(lincoln毕业证)如何办理
 

Protection Against Arrest and Detention art 2223 and 24.pptx

  • 2.  Article 22 grants protection to persons who are arrested or detained.  Detention is of two types, namely, punitive and preventive.  Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court.  Preventive detention, on the other hand,  means detention of a person without trial and conviction by a court.  Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future.  Thus, preventive detention is only a precautionary measure and based on suspicion.
  • 3.  The Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law. (a) The first part of Article 22 confers the following rights on a person who is arrested or detained under an ordinary law: (i Right to be informed of the grounds of arrest. (ii) Right to consult and be defended by a legal practitioner. (iii) Right to be produced before a magistrate within 24 hours, excluding the journey time. (iv) Right to be released after 24 hours unless the magistrate authorises further detention.
  • 4.  These safeguards are not available to an alien or a person arrested or detained under a preventive detention law.  The Supreme Court also ruled that the arrest and detention in the first part of Article 22  do not cover arrest under the orders of a court, civil arrest, arrest on failure to pay the income tax, and deportation of an alien.  They apply only to an act of a criminal or quasi- criminal nature or some activity prejudicial to public interest.
  • 5.  (b) The second part of Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens and includes the following: (i) The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court. (ii) The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed.
  • 6.  (iii) The detenu should be afforded an opportunity to make a representation against the detention order. Article 22 also authorises the Parliament to prescribe (a) the circumstances and the classes of cases in which a person can be detained for more than three months under a preventive detention law without obtaining the opinion of an advisory board; (b) the maximum period for which a person can be detained in any classes of cases under a preventive detention law; and (c) the procedure to be followed by an advisory board in an inquiry. The 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months still continues.
  • 7.  The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures.  The Parliament has exclusive authority  to make a law of preventive detention for reasons connected with defence foreign affairs and the security of India.  Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state,  the maintenance of public order and the maintenance of supplies and services essential to the community.
  • 8.  The preventive detention laws made by the Parliament are: (a) Preventive Detention Act, 1950. Expired in 1969. (b) Maintenance of Internal Security Act (MISA), 1971. Repealed in 1978. (c) Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974. (d) National Security Act (NASA), 1980. (e) Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980. (f Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985. Repealed in 1995. (g) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPSA), 1988. (10 Prevention of Terrorism Act (POTA), 2002. Repealed in 2004. It is unfortunate to know that no democratic country in the world has made preventive detention as an integral part of the Constitution as has been done in India. It is unknown in USA. It was resorted to in Britain only during
  • 9. Article 22  Safeguards against the arbitrary arrest and detention: Article 22 Article 22 makes the minimum procedural requirements which must be included in any law enacted by legislature in accordance of which a person is deprived of his personal liberty.  Article 22(1) and (2) are also called Rights of an arrested person  A person cannot be arrested and detained without being informed why he is being arrested.  A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.  Every person who has been arrested would be produced before the nearest magistrate within 24 hours.  The custody of the detained person cannot be beyond the said period by the authority of magistrate
  • 10. The Article 22(1) and 22(2) make the above provisions  However, Article 22(3) says that the above safeguards are not available to the following:  If the person is at the time being an enemy alien.  If the person is arrested under certain law made for the purpose of “ Preventive Detention”  The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested.  But the second clause was not easy to justify by the constituent assembly.  This was one of the few provisions which resulted in stormy and acrimonious discussions.
  • 11. Preventive Detention Laws A person can be put in jail / custody for two reasons.  One is that he has committed a crime.  Another is that he is potential to commit a crime in future.  The custody arising out of the later is preventive detention and in this, a person is deemed likely to commit a crime. Thus Preventive Detention is done before the crime has been committed.  The definition of Preventive detention itself is so confusing. For example: How one can say that a person will do a crime in future? What are the implications of arresting a person without having committed a crime? Why Preventive Detention in peacetime. Isn’t it against the safeguards of our own citizens as provided by Article 22? http://www.gktoday.in/article-22-and-preventive-detention-in- india/
  • 12. The preventive detention laws are repugnant to modern democratic constitutions--- They are not found in any of the democratic countries. In England, the preventive detention law was resorted to only during the time of war. Of the provisions of the “Preventive Detention” are unlawful in most countries like USA & UK, then why we India has such thing? The answer of above question is as follows: India is a country having multi-ethnic, mutli-religious and multilingual society. Caste and communal violence is very common in India. Apart from that the circumstances at the time , when our constitution came in force demanded such provisions. http://www.gktoday.in/article-22-and-preventive- detention-in-india/
  • 13. Cntd….  This is evident from following statement of Dr. Bhimrao Ambedkar: “….in the present circumstances of the country,  it may be necessary for the executive to detain a person who is tempering either with the public order or with the defense services of the country. In such case,  I don’t think that the exigency of the liberty of an individual shall be above the interests of the state” Dr. B R Ambedkar.
  • 14. However, the provisions of the constitution seem to be ambiguous and this ambiguity has been tried to do away with some provisions. These provisions are mentioned in Article 22 (1), 22(5), 22 (6). Here is a summary of these provisions: 1. Every case of preventive detention must be authorized by law and not at the will of the executive. 2. The Preventive detention cannot extend beyond a period of 3 months Every case of preventive detention must be placed before an Advisory Board composed of Judges of the High Court (or persons qualified for Judges of the High Court) 3. The case must be presented before the Advisory Board within 3 months. 4. A continued detention after 3 months must be having a “favours of the Advisory Board”. 5. The person will be given opportunity to afford earliest opportunity to make a representation against the preventive detention. 6. No person can be detained indefinitely
  • 15. Article 22 (7) provides exception to the above provisions.  This Article mandates that: When parliament prescribes by law the circumstances under which a person may be kept in detention may be kept in detention beyond 3 months without the opinion of the advisory board. Parliament by law can also describe under the same law, the maximum period of detention.
  • 16. Right Against Exploitation In Indian Constitution  The Rights against Exploitation is provided under Articles 23 and 24 of the Constitution of India.  Right to personal liberty is never real if some people are exposed to exploitation by others.  Arts. 23 and 24 of the constitution are designed to prevent exploitation of men by men.  Thus rights ensured by these two articles may be considered as complimentary to the individual rights secured by Arts. 19 and 21 of the constitution.
  • 17. Article 23 of the Indian Constitution reads as follows :  “Traffic in human beings and beggar  and similar other forms of forced labour are prohibited  and any contravention of this provision shall be an offence punishable in accordance with law.” 
  • 18.  “Nothing in this article shall prevent the state from imposing compulsory service for public purposes  and in imposing such service the state shall not make any discrimination on grounds only of religion, race, caste of class or any of them.
  • 19. Cntd…  It is available to both citizen and non citizen.  Art 23 protects individual not only against the state but also private citizens.  Begar-is involuntary work without payment.  This clause does not prohibit forced labour as punishment for a criminal offence.  Vishal jeet v. UOI AIR 1990 SC 1412-Sc issued direction to state govts and UT’s for eradicating the evil of child prostitution and for evolving programes for the care ,protection, treatment etc.
  • 20.  Gaurav jain v UOI AIR1990 SC 292-problem of prostitution  Immoral traffic prevention Act 1956  And art 39(e)n (f) obligation on state for protection of children and youth against exploitation and against moral and material abandonment.  Chandra v. state of rajasthan AIR 1959 Raj 186(sarpach of the village ordered every household to send one man with spade and iron pan, to render free service for the embankment for the village tank,n Rajastahn HC held this order to be begar and violative of 23(1).  Kahason thangkhul v simirei shailei AIR 1961 Manipur 1 one day free labour of one man from each household everyone to headman of the village was declared as begar.
  • 21. Cntd….  Ever since the dawn of civilization in every society, the stronger exploited the weak.  Slavery was the most prevalent and perhaps the cruelest form of human exploitation.  Our constitution does not explicitly forbid slavery.  The scope of Article 23 is far wide.  Any form of exploitation is forbidden.  Thus forcing the landless labour to render free service by the land- owner is unconstitutional.  Equally, forcing helpless women into prostitution is a crime. The intention of the constitution is that whatever a person does must be voluntary.  There must not be any element of coercion involved behind a man’s action.
  • 22. Cntd…exception  The state however may call upon citizens to render national service in defence of the country.  Thus conscription is not unconstitutional. But in compelling people to render national service,  the state must not discriminate on grounds of race, sex, caste or religion.
  • 23. Article 24  Art. 24 forbids employment of child-labour in factories or in hazardous works.  The art. reads ”No child below the age of fourteen years, shall be employed to work in any factory or mine or, engaged in any other hazardous employment.”
  • 24. Cntd….  In an environment of all pervading poverty, children are often forced to seek employment to earn a living.  Employers often find it less costly to engage child labour at a cheap price.  But children so employed do not get opportunities for development.  Thus, employment of child labour is a form of traffic in human beings.  Hence it is justifiably –forbidden.  But employment of child labour cannot be effectively checked unless  there is overall improvement of economic conditions of the poorer sections of the society.  This provision of the constitution remains a pious wish even today.