Skip to main content

Habeas Corpus

                                              Habeas Corpus


Introduction

The Indian Constitution is the supreme law of the land, laying down rules and regulations to protect people's rights and impose duties on them. This huge body of knowledge is seen as the defender and protector of an individual's fundamental rights. A person's right to WRITS is an example of such a right. The judiciary has independent power over the matters in which writs are to be issued because the provisions of the Indian constitution are sanctioned by law. The purpose of writs is to provide for the rapid determination of an individual's rights and to assist that person in obtaining the benefit of those rights.


Meaning


The writ of habeas corpus is a legal procedure that allows a person who has been wrongfully held to seek redress. The term habeas corpus is derived from the Latin word habeas corpus, which means "to present the body before the court." It is the most fundamental right that a person who has been wrongfully detained has. The primary goal of this writ is to free someone who is being held in an unjustified detention or imprisonment. This writ is crucial because it establishes a person's right to personal liberty and freedom.


Illustration

A has been taken into custody by B a police officer without a warrant. All the efforts made by A’s family to know the whereabouts of A turned out to be futile. As he was detained wrongfully by B (police officer), the writ of habeas corpus can be filed in court by A’s family on his behalf.


Nature of the writ of habeas corpus


Habeas corpus is a legal principle that dates back to the thirteenth century. The writ of Habeas corpus cum causa is an order requiring the person who has detained another person to appear in court and justify his conduct, including what grounds and authority he used to imprison that person. If the court finds no legal explanations for the cause, it will order the person confined or imprisoned to be released immediately.




Who may apply for the writ of habeas corpus


  • The person confined or detained illegally.

  • The person who is aware of the benefit of the case.

  • The person who is familiar with the facts and circumstances of the case and willingly files an application of the writ of habeas corpus under article 32 and 226 of the Indian constitution.


When the writ of habeas corpus is refused


The following conditions when the writ of habeas corpus is refused are as follows:

  • When the court doesn’t have the territorial jurisdiction over the detainer.

  • When the detention of a person is connected with the order of the court.

  • When the person detained is already set free.

  • When the confinement has been legitimized by the removal of the defects.

  • The writ of habeas corpus will not be available during an emergency.

  • When the competent court dismisses the petition on the grounds of merits.


Conclusion


The writ of habeas corpus is the most essential writ a person can have since it allows him to decide whether or not he has a right to his liberty. It serves as a corrective step, ensuring that the detained person is released from his or her wrongful detention. It does not, however, free anyone of their responsibility. It demands that the detention be justified by law, and it protects the person against ill-treatment and prejudice by the authority that imprisoned them. In this way, the judiciary is effectively employing this writ to protect a person from unlawful confinement.
Labels:

Comments

Post a Comment

Popular posts from this blog

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected
Post a Comment
Read more

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre
Post a Comment
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct
Post a Comment
Read more