In ordinary circumstances a person under detention must be communicated in _____ days, the grounds on which the order has been made

The correct answer is '5 days'

Key Points

• Communication of detention grounds:
  • Under Article 22(5) of the Indian Constitution, it is mandated that a person who is detained must be informed of the grounds of their detention within a maximum of 5 days, unless special circumstances require an extension to 10 days.
  • This provision aims to ensure that the detained individual is aware of the reasons for their detention and can challenge it if necessary.
  • This safeguard is a critical component of personal liberty and due process under the Constitution, preventing arbitrary detention by the authorities.

Additional Information

• Incorrect Options:
  • Option 1 (4 days): This is incorrect because the Constitution specifically mentions 5 days as the standard period for communication of detention grounds.
  • Option 3 (2 days): While prompt communication is important, 2 days is not the timeframe stipulated in Article 22(5).
  • Option 4 (3 days): This is also incorrect, as the legal provision allows for up to 5 days, not 3.
• Importance of Article 22:
  • Article 22 of the Indian Constitution provides protection against arbitrary arrest and detention, ensuring that individuals are treated fairly under the law.
  • This includes procedural safeguards such as communication of detention grounds and the right to legal representation.
• Preventive detention:
  • Article 22 also covers preventive detention, allowing authorities to detain individuals to prevent potential harm or threats to public order.
  • However, safeguards such as time limits for detention and review by an advisory board are in place to prevent misuse of this provision.