Police Reforms – SC directives, NPC, other committees reports

Article 22 of the Indian Constitution

SC Judgements | | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 22 of the Indian Constitution

Why in the News?

The Supreme Court ruled that informing an arrested person of the grounds of arrest is a mandatory constitutional obligation, not a mere formality. Failure to comply makes the arrest illegal, violating Articles 22(1) and 21, which protect fundamental rights and personal liberty.

About Article 22 of the Indian Constitution:

  • Article 22 of the Indian Constitution ensures protection to individuals against arbitrary arrest and preventive detention.
  • It has two parts:

1. Article 22(1) & 22(2) – Protection in Ordinary Arrests:

  • The arrested person must be informed of the grounds of arrest as soon as possible.
  • The person has the right to consult and be defended by a lawyer of their choice.
  • They must be produced before a magistrate within 24 hours.

2. Article 22(3) to 22(7) – Preventive Detention Provisions:

  • Preventive detention without trial cannot exceed 3 months, unless approved by an Advisory Board.
  • The government may deny disclosure of reasons if it affects public interest.
  • Parliament can extend detention beyond 3 months in special cases.

Key Highlights of Supreme Court’s Recent Judgment:

  • The Supreme Court ruled that informing an arrested person of the grounds of arrest is a fundamental right.
  • Non-compliance violates both Articles 22(1) and 21 (Right to Liberty), rendering the arrest invalid.
  • Grounds of arrest must be clearly conveyed in an effective manner.
  • Providing the grounds in writing is the best practice (as suggested in Pankaj Bansal vs Union of India).
  • As per Section 50A of CrPC, the accused’s family or nominated person must also be informed to allow legal representation.
  • Magistrates must ensure compliance. If Article 22(1) is not followed, the arrest is illegal, and the accused must be released.
  • Violation of Article 22(1) is a ground for Bail. Even if statutory restrictions on bail exist, courts can grant bail if fundamental rights are violated.
  • If the accused claims non-compliance, the Investigating Officer must prove that Article 22(1) was followed.

Relevant Supreme Court Judgments:

  • Pankaj Bansal vs Union of India (2023): SC advised that grounds of arrest should ideally be provided in writing.
  • Maneka Gandhi vs Union of India (1978): “Procedure established by law” must be fair, just, and reasonable.
  • DK Basu vs State of West Bengal (1997): Established guidelines to prevent custodial abuse and ensure due process.
  • Ram Manohar Lohia vs State of Bihar (1965): Distinguished between law and order (individual impact) and public order (societal impact).

 

PYQ:

[2021] With reference to India, consider the following statements:

  1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
  2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

 

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