Protection against arrest and detention :

Although Article 21 does not impose a limitation on the legislature in so far as the deprivation of life or personaly liberty is concerned, yet a legislative Act providing for such deprivation is subject to the procedureal safeguards provided in Article 22 and if it does not provide for any of these safeguards it shall be declared unconstitutional. However, Article 22 does not apply uniformly to all persons and makes a distinction between:

(a) alien enemies,

(b) person arrested or detained under preventive detention law, and

(c) other persons.

So far as alien enemies are concerned the article provides no protection to them. So far as persons in category (c) are concerned, it provides the following rights (These rights are not given to persons detained under preventive detention law).

(i) A person who is arrested cannot be detained in custody unless he has been informed, as soon as he may be, of the grounds for such arrest.

(ii) Such person shall have the right to consult and to be defended by a legal practitioner of his choice.

(iii) A person who is arrested and detained must be produced before the nearest magistrate within a period of twenty-four hours of such arrest, excluding the time of journey. And such a person shall not be detained in custody beyond twenty-four hours without the authority of magistrate.