(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—
(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
before the expiration of the said period of three months that there is in its
opinion sufficient cause for such detention:
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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