Question

what safeguards are provided against arbitrary arrest and detention

Answer 1

so that the people are safe.

Answer 2

– According to Article 21 no person can be deprived of his life or personal liberty except according to procedure established by law. This means that a person can be deprived of his life or personal liberty provided his deprivation was brought about in accordance with the procedure prescribed by law. Article 22 provides those procedural requirements which must be adopted and included in any procedure enacted by the Legislature. If these procedural requirements are not complied with, it would then be deprivation of personal liberty which is not in accordance with the procedure established by law. Thus Article 22 prescribes the minimum procedural requirements that must be included in any law enacted by the Legislature in accordance with which a person may be deprived of his life and personal liberty. Article 22 deals with two separate matters; (1) persons arrested under the ordinary law of crimes; and (2) persons detained under the Jaw of ‘Preventive Detention’. The first two clauses of Article 22 deal with detention under the ordinary law of crimes and lay down the procedure which has to be followed when a man is arrested and the remaining clauses (3), (4), (5) and (6) deal with persons detained under cl preventive detention law and lay down the procedure which is to be followed when a person is detained under that law