General Knowledge - Basic General Knowledge - Discussion

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 Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained cannot be ordered to be prosecuted before a court of law. The Act of 1679 followed an earlier act of 1640, which established that the command of the King or the Privy Council was no answer to a petition of habeas corpus. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history. Though amended, it remains on the statute book to this day.

The Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained cannot be ordered to be prosecuted before a court of law.The Act of 1679 followed an earlier act of 1640, which established that the command of the King or the Privy Council was no answer to a petition of habeas corpus. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history. Though amended, it remains on the statute book to this day.

Habeas corpus refers to a person's right not to be imprisoned unless charged with a crime and given a trial. A writ of habeas corpus is a court order that requires the government to either.

Charge an imprisoned person with a crime or let the person go free. If a government ignores or refuses to grant a writ of habeas corpus served upon it, the person held could be imprisoned indefinitely without trial. In order to make writs of habeas corpus more effective, the Habeas Corpus Act was passed.

British shows that, how much they were alert regarding principle of life and liberty of human being but unfortunately it was not for Indian in people in their governance in India. In RAULET ACT they have adopted policy against the life and liberty of Indian politicians.

What is mean of it ? ONLY GOD CAN COMPREHEND THE BRITISH POLICIES.

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.

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.

Habeas Corpus is a procedural device to force the courts to examine the lawfulness of a prisoner's detention in order to safeguard individual liberty and thus to prevent unlawful or arbitrary imprisonment.

Though we are provided with such an Act even in our Indian Constitution, we are unable to implement it well. Because most of the prisoners are being charged and prosecuted against this law.

Though we are provided with such an Act even in our Indian Constitution, we are unable to implement it well. Because most of the prisoners are being charged and prosecuted against this law.