What is the time period under Article 22(2) of the Constitution of India for every person who is arrested and detained in custody to be produced before the nearest magistrate?

Correct option is A

The correct answer is (a) Within 24 hours

Article 22(2) of the Constitution of India states that every person who is arrested and detained in custody must be produced before the nearest magistrate within 24 hours, excluding the time necessary for travel. This provision safeguards individuals from illegal detention and ensures judicial oversight.

Information Booster:

• Prevents arbitrary detention and protects personal liberty – This provision ensures that law enforcement agencies cannot hold individuals in custody for extended periods without judicial oversight, reinforcing the fundamental right to personal liberty under Article 21.
• 24-hour rule for judicial scrutiny – The police must present an arrested person before a magistrate within 24 hours. Failure to comply makes the detention illegal, and the person must be released immediately.
• Exclusion of travel time – The time required to transport the detainee from the place of arrest to the magistrate is not counted in the 24-hour period.
• No detention beyond 24 hours without magistrate approval – According to Section 57 of the Code of Criminal Procedure (CrPC), 1973, police cannot detain a person beyond 24 hours unless they obtain permission from a magistrate under Section 167 of CrPC.
• Exception for preventive detention – The 24-hour rule does not apply to enemy aliens or individuals detained under preventive detention laws, as mentioned in Article 22(3).
• Maximum preventive detention period – Under Article 22(4), a person can be detained for a maximum of three months without obtaining approval from an Advisory Board. This applies to special laws like the National Security Act (NSA), 1980 and the Preventive Detention Act.
• Judicial Precedents:
  • DK Basu v. State of West Bengal (1997) – The Supreme Court emphasized the importance of procedural safeguards and ruled that detention beyond 24 hours without judicial review violates fundamental rights.
  • Maneka Gandhi v. Union of India (1978) – The Court held that personal liberty cannot be curtailed arbitrarily, reinforcing the need for strict adherence to due process.
  • Joginder Kumar v. State of UP (1994) – The Supreme Court ruled that any detention beyond 24 hours without magistrate approval is unconstitutional.