General Knowledge - Basic General Knowledge - Discussion

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.

Habeas corpus means to have a body. No person can be detained and deny of justifying his side and so to prove that he can ask for counsel or he himself can do so.

In Latin, habeas corpus literally means "you shall have the body (in court)".

Thanks @Ritu.

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.

Isn't This act for the illegal arrest? Anyone tell me.

Thanks for your information.

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").

Thank you so much for providing this.

Thank you for providing us such a beautiful and knowledgeable information.