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Person arrested under the ordinary law :-
•Right to be informed of ground of arrest.
•Right to consult and to be defended by a
legal practitioner of his choice
•Right to produce before a magistrate with
in 24 hours of his arrest
•Not to be detained beyond 24 hours
without the magistrate’s authority
 Hussainara khatoon v.state of Bihar. The supreme
court has made it clear that the accused person who
is not able to engage a legal practitioner and secure
legal services due to poverty, indigence or
incommunicable situation has right to be supplied
free legal service by the state.
 C.B.I. v. Anupam J. Kulkarni 1992 The judicial
magistrate can authorize the detention of the
accused in police custody or judicial custody from
time to time. Police custody cannot exceed more than
15 days. The remand can be only be judicial custody
as per the provision of section 167 of Crpc.
 A.S. Mohammed Rafi v. state of Tamil Nadu
AIR2012,Court held that resolution of Bar
Council not to defend some persons in
criminal cases is violating Art.22 of the
constitution.
 Limit of detention :-
 Art.22(4) no law providing for preventive
detention shall authorize the detention for a
longer period than 3 months.
 Advisory board is constituted for longer
detention .
 Communication of grounds of detention and
opportunity to represent.
 Compliance with requirements of Article
14,19,21and 22.
 A preventive detention law is required to
satisfy not only the requirements of Art.
14.19.&21. The procedure prescribed under
the preventive detention law must be just
,reasonable and fair.
 A.K. Roy v. Union of India AIR 1982
 The court directed ;
 That immediately after detention his relative
must be informed in writing about his
detention and place of detention.
 He must be detain in a place where he
habitually resides
 He is entitled to his book and writing
materials ,his own food ,visit from friends
and relatives
 He must be kept separate from those
convicted
 No treatment of a punitive character should
be meted out to him.

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Protection against arrest and detention (Art (2).pptx

  • 1. Person arrested under the ordinary law :- •Right to be informed of ground of arrest. •Right to consult and to be defended by a legal practitioner of his choice •Right to produce before a magistrate with in 24 hours of his arrest •Not to be detained beyond 24 hours without the magistrate’s authority
  • 2.  Hussainara khatoon v.state of Bihar. The supreme court has made it clear that the accused person who is not able to engage a legal practitioner and secure legal services due to poverty, indigence or incommunicable situation has right to be supplied free legal service by the state.  C.B.I. v. Anupam J. Kulkarni 1992 The judicial magistrate can authorize the detention of the accused in police custody or judicial custody from time to time. Police custody cannot exceed more than 15 days. The remand can be only be judicial custody as per the provision of section 167 of Crpc.
  • 3.  A.S. Mohammed Rafi v. state of Tamil Nadu AIR2012,Court held that resolution of Bar Council not to defend some persons in criminal cases is violating Art.22 of the constitution.
  • 4.  Limit of detention :-  Art.22(4) no law providing for preventive detention shall authorize the detention for a longer period than 3 months.  Advisory board is constituted for longer detention .  Communication of grounds of detention and opportunity to represent.
  • 5.  Compliance with requirements of Article 14,19,21and 22.  A preventive detention law is required to satisfy not only the requirements of Art. 14.19.&21. The procedure prescribed under the preventive detention law must be just ,reasonable and fair.
  • 6.  A.K. Roy v. Union of India AIR 1982  The court directed ;  That immediately after detention his relative must be informed in writing about his detention and place of detention.  He must be detain in a place where he habitually resides  He is entitled to his book and writing materials ,his own food ,visit from friends and relatives  He must be kept separate from those convicted  No treatment of a punitive character should be meted out to him.