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Report No. 177

1.7 Constitutional protection.-

Clause (1) of Article 22 of the Constitution which is one of the fundamental rights in Part III, declares that "no person who is arrested shall be detained in custody without having informed, as soon as maybe, on 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." Clause (2) of Article 22 says that every person arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding of course the time necessary for the journey from the place of arrest to the court of magistrate.

The clause further declares that no such person shall be detained in custody beyond the said period without the authority of a magistrate. Clause (3) of Article 22 however provides that clauses (1) and (2) shall not apply to an enemy-alien or to a person who has been arrested under any law providing for preventive detention.

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