{"id":22430,"date":"2015-02-16T11:16:35","date_gmt":"2015-02-16T11:16:35","guid":{"rendered":"http:\/\/vskills.in\/certification\/blog\/?p=22430"},"modified":"2024-04-03T13:15:06","modified_gmt":"2024-04-03T07:45:06","slug":"writ-of-rights-and-its-types-habeas-corpus","status":"publish","type":"post","link":"https:\/\/www.vskills.in\/certification\/blog\/writ-of-rights-and-its-types-habeas-corpus\/","title":{"rendered":"Writ Of Rights and Its Types: Habeas Corpus"},"content":{"rendered":"

\"Writ<\/a><\/p>\n

A writ essentially means a fundamental order. In generic legal lexicon, it is a formal written order issued by a body with administrative or judicial jurisdiction. The three most common types of writs being prerogative writs, warrants, and subpoenas. Plainly put, anything issued under a recognised legal authority, is a writ.<\/p>\n

In the Indian legal system, the jurisdiction to issue \u2018prerogative writs\u2019 is conferred to the Supreme Court and to the High Courts of all Indian States. The writs partly owe a constitutional backing, making their enforcement and usage more secure and reliable. The Constitution of India provides for five kinds of prerogative writs,<\/p>\n

 <\/p>\n

Habeas Corpus<\/strong><\/p>\n

Habeas Corpus is latin for \u201cthat you have the body.<\/em>\u201d\u00a0 It acts as a shield against detaining authorities infringing upon the fundamental right to liberty, ordering the detainer to produce the detained person in the issuing court, along with the cause of detention. The court, after examining the basis of said detention, can set the detained free if it finds no plausible legal justification for the specific detention. It also stands ground under the preventive detention header and can be issued against authorities of states or individuals or organisations.<\/p>\n

 <\/p>\n

When can the writ of Habeas Corpus be issued?<\/em><\/p>\n