In the Indian context, habeas corpus is a fundamental right provided and protected by the Constitution of India. The term “habeas corpus” is derived from Latin and means “you shall have the body.” The writ of habeas corpus is a legal remedy that seeks to protect an individual’s right to personal liberty and prevent unlawful or arbitrary detention.
Article 22 of the Indian Constitution specifically deals with the right to protection against arrest and detention in certain cases. The relevant provisions related to habeas corpus are:
- Article 22(1): It states that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
- Article 22(2): This clause provides that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.
- Article 22(4): It empowers Parliament to prescribe the circumstances under which a person can be detained for more than 24 hours without being produced before a magistrate.
These provisions collectively uphold the principle of habeas corpus in the Indian legal system, ensuring that individuals have the right to know the reasons for their arrest, the right to legal representation, and the right to be produced before a magistrate promptly. Habeas corpus serves as a crucial safeguard against arbitrary detention, protecting the personal liberty of individuals in accordance with the rule of law.
In case you still have your doubts, contact us on 9811333901.
For UPSC Prelims Resources, Click here
For Daily Updates and Study Material:
Join our Telegram Channel – Edukemy for IAS
- 1. Learn through Videos – here
- 2. Be Exam Ready by Practicing Daily MCQs – here
- 3. Daily Newsletter – Get all your Current Affairs Covered – here
- 4. Mains Answer Writing Practice – here
