General Knowledge - Basic General Knowledge - Discussion
Discussion Forum : Basic General Knowledge - Section 1 (Q.No. 12)
12.
Habeas Corpus Act 1679
Discussion:
55 comments Page 1 of 6.
Sri Ram said:
4 years ago
To strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
But the Act is often wrongly described as the origin of the writ of habeas corpus.
But the Act is often wrongly described as the origin of the writ of habeas corpus.
(5)
Bhima said:
4 years ago
Thanks @Kethan.
(1)
Abhishek said:
5 years ago
Thanks all for the guidance.
(2)
Saara malik said:
6 years ago
Thanks all.
(2)
Sugu said:
7 years ago
Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
(5)
Roshan said:
7 years ago
Thank you for providing us such a beautiful and knowledgeable information.
(2)
Raju said:
8 years ago
Thank you so much for providing this.
Vasanthi said:
8 years ago
Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine if the detention is lawful.
The writ of habeas corpus is known as "the great and efficacious writ in all manner of illegal confinement", [Note 1] being a remedy available to the meanest against the mightiest. It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the Amparo de Libertad ("protection of freedom").
The writ of habeas corpus is known as "the great and efficacious writ in all manner of illegal confinement", [Note 1] being a remedy available to the meanest against the mightiest. It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the Amparo de Libertad ("protection of freedom").
(2)
Pavithra said:
8 years ago
Thanks for your information.
(1)
Himanshu said:
8 years ago
Isn't This act for the illegal arrest? Anyone tell me.
(1)
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