Q: What is Writ of Habeas Corpus ?

 Ans:  Writ is a Kind of remedy. Habeas Corpus means to have a body or to produce a body. If a state illegally detains a person, the person himself or his relatives or his friends can use the Writ of Habeas Corpus for the release of that person.

Whenever a person use this Writ, the Supreme Court or the High Court asks the detaining authority that on what basis the person was detained.

 If the basis is found to be unreasonable, the detention of the arrested person gets ended and he is released with immediate effect.

 In these four conditions, the Writ of Habeas Corpus can not be used:

 1. Detention is lawful.

 2. Contempt of Court

 3. Detention is outside the jurisdiction of court.

 4. Detention is by competent court.

An example of arrest under CrPC is Section 41, 42, 43, 44, 151, 123(6), 432(3). Detention: Essentially, detention is what comes after arrest - when a person is put behind bars and his personal liberty is restricted. Detention could be in police custody or in judicial custody depending on Court orders.

In the citation of Rudul Shah V. State of Bihar,  AIR 1983 SC 1086, the person already completed his punishment and he was detained more than his punishment. The writ of Habeas Corpus was filed and he was released immediately and he was awarded exemplary damages.

 

 


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