Fundamental Rights under Articles 20 and 22

A man is picked up by the police near Dadar station at midnight. Nobody tells him why. He is held overnight, and by morning his family has no idea where he is. Two questions follow at once: what must the police tell him, and how long can they keep him without a magistrate? Separately, suppose he is tried for an offence and acquitted, and the State wants to try him again for the same act. Articles 20 and 22 are the Constitution's answer to these everyday fears of anyone accused or arrested.

In two minutes

Article 20 protects a person accused of an offence against retrospective criminal laws, double punishment and self-incrimination; Article 22 protects a person who is arrested or detained by guaranteeing grounds, a lawyer, and production before a magistrate within 24 hours, but largely withholds these protections from preventive detention.

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