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The Constitution of India in English 2026: page 43
The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 43, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.
Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.
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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.
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12 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty-four hours of
such arrest excluding the time necessary for the journey from the place of arrest
to the court of the magistrate and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing
for preventive detention.
(4) No law providing for preventive detention shall authorise the
detention of a person for a longer period than three months unless— e
od
(a) an Advisory Board consisting of persons who are, or have been,
or are qualified to be appointed as, Judges of a High Court has reported
aC
before the expiration of the said period of three months that there is in its
di
opinion sufficient cause for such detention:
In
Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (date
yet to be notified) as—
"(4) No law providing for preventive detention shall authorise the detention of a person for
a longer period than two months unless an Advisory Board constituted in accordance with the
recommendations of the Chief Justice of the appropriate High Court has reported before the
expiration of the said period of two months that there is in its opinion sufficient cause for such
detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other
members, and the Chairman shall be a serving Judge of the appropriate High Court and the other
members shall be serving or retired Judges of any High Court :
Provided further that nothing in this clause shall authorise the detention of any person
beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of
clause (7).
Explanation.—In this clause, "appropriate High Court" means,—
(i) in the case of the detention of a person in pursuance of an order of detention
made by the Government of India or an officer or authority subordinate to that
Government, the High Court for the Union territory of Dehli;
(ii) in the case of the detention of a person in pursuance of an order of detention
made by the Government of any State (other than a Union territory), the High Court for
that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention
made by the administrator of a Union territory or an officer or authority subordinate to such
administrator, such High Court as may be specified by or under any law made by
Parliament in this behalf.".
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