Indian Polity • ConstitutionMedium
Consider the following statements regarding the writ of Habeas Corpus in the Indian judicial system: 1. It literally means to have the body of a detained person. 2. It can be issued against both public authorities and private individuals. 3. It is a remedy available for securing the release of a person who has been detained unlawfully. Which of the statements given above are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3✓ Correct Answer
💡 Solution & Explanation
The writ of Habeas Corpus is a powerful safeguard against illegal detention and translates to having the body of a person. It is issued by the Supreme Court under Article 32 and High Courts under Article 226 against both public authorities and private individuals whose actions result in unlawful confinement. The writ compels the detainer to produce the detained individual before the court to examine the legality of the detention. Article 20 provides further protection against double jeopardy and self-incrimination.
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