ENGLISH LITERATURE (CBSE/UGC NET)

Detailed explanation-1: -Article 22(2) of the Constitution states, “A person who is arrested shall not be detained in custody without being informed the grounds of the arrest nor shall he be denied the right to consult, and defended by a legal practitioner (lawyer); of their choice."

Detailed explanation-2: -In Joginder Kumar vs State of U.P. 1994 SCC (4) 260 the Supreme Court held that a person arrested has the right to inform any of his friend or relative or family member of his choice, about his detainment.

Detailed explanation-3: -Right to consult a Lawyer Section 41D of the Code of the Criminal procedure (Cr. P.C.) provides that when any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout the interrogation.

Detailed explanation-4: -In no circumstances can the accused be detained in custody for a moment more than twenty four hours without a special order of a Magistrate who can order his detention for a term exceeding 15 days on the whole. At the end of the 15 days he must be produced before the Magistrate.