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Personal Liberty - Definition - Law Dictionary Home Dictionary Definition personal-liberty

Definition :

Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.

In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.

Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of legal jurisdiction, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCJ 174: (1950) 51 Cr LJ 1303.

The term 'personal liberty' is used in Article 21 as a compendious term to include within itself all the varieties of rights which go to make up the 'personal liberties' of man other than those deal with in the several clauses of Art. 19(1), Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295: (1964) 1 SCR 332. [Constitution of India Art. 21]

The juristic conception of 'personal liberty', when these words are used in the sense of immunity from arrest, is that it consists in freedom of movement and locomotion, A.K. Gopalan v. State of Madras, AIR 1950 SC 27 (53). (Constitution of India, Article 21)

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