6.12.2. Description

Article 22 provides for 2 kinds of detentions-

♤ Preventive detention; and

♤ Punitive detention

Protection in case of punitive detention is available to citizens and no-citizens but not to enemy aliens. A person must be informed of the grounds of his arrest so that he can prepare for his defense. The person also has the right to consult and be defended by the legal practitioner of his choice. Such an individual must be presented before a magistrate within 24 hours so that any wrong action of the executive can be corrected.

The objective of preventive detention is to prevent a person from committing a crime. Certain rights are available to such a person as well. He must be informed of the grounds of his arrest. Police cannot detain a person beyond 3 months unless it has permission from an advisory board. Such an advisor board will consist of 3 judges of SC. Parliament can also prescribe a law providing for detention beyond 3 months.