Habeas Corpus

Habeas Corpus

Literal Meaning: "You shall have the body." Legal Definition: It is a high prerogative writ issued by a court to a person or authority holding another person in custody. It commands the detaining party to produce the "body" of the prisoner before the court so that the legality of the detention can be examined. If the court finds the detention to be without legal justification, it orders the immediate release of the individual.

  • Context: In India, this power is exercised by the Supreme Court under Article 32 and by High Courts under Article 226.

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