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ARTICLE · 11 APRIL 2022

Writ Of Habeas Corpus vs. Sec. 97 Cr.P.C.

The Writ of Habeas Corpus is a common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.

IndiaCriminal Law

By Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High Court
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And Sarthak Saxena
mity Law School, Delhi
[email protected]

The Writ of Habeas Corpus is a common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose. It is visualised as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification. Therefore, it cannot be used for complaining against past illegal detention.

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