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Protection against arrest and detention
- Article 22 in Constitution of India 22. 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.
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22. 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.
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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.
- Introduction
- Relevant Sections Under The IPC
- Limitations to Right to Private Defence
- Exceptions to The Right of Private Defence
- Conclusion
- Important Notes on IPC
Individuals’ safety and security have become increasingly essential worries in today’s society. With rising crime rates, it is critical to safeguard oneself, one’s belongings, and one’s loved ones from possible harm. The legal system acknowledges this need and has enacted a variety of provisions to allow people to protect themselves and their posse...
While the right to private defence is an important aspect of criminal law, it is not an absolute right. In order to prevent the misuse of this right, there are certain limitations that have been imposed by the law. These limitations ensure that the force used in self-defence is reasonable and proportionate to the threat faced, and that innocent ind...
When the person protecting themselves or others is the perpetrator or initiator of the attack:The right to private defence cannot be used to excuse the use of force in such instances.When a person exercising their right to private defence goes beyond the scope of their defence and causes more damage or injury than is required to resist the attack:In such instances, the individu...When a person exercising his or her right to private defence causes harm or injury to a third party who was not engagedin the assault, the person may be held liable for the harm caused to the third...When a person exercising their right to self-defence employs lethal force in a circumstance where it was not requiredto repel the assault, the person may be held liable for the use of excessive force.The right to private defence is an essential element of Indian criminal law. It acknowledges a person’s right to defend themselves, their property, and others from damage or hurt. This right, however, is subject to certain limitations and exclusions, and it is critical that people practise this right with prudence and care in order to avoid legal o...
Article 22 (1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate. Article 22 (2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
Sep 21, 2024 · Article 22 of the Indian Constitution is the foundation of personal liberty. It safeguards the individuals against arbitrary arrest and detention. The right applies to both citizens and non-citizens upon arrest. Interpretation of Article 22 of the Indian Constitution.
A plain reading of first part of Article 22 of the Constitution of India, clearly indicates that a person who is arrested cannot be detained in custody without being informed, as soon as may be, of the grounds for such arrest.
No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. 10. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this
