Question

The writ, Habeas Corpus is not issued where the detention is lawful, ___________.
A. The proceeding is for contempt of a legislature or a court
B. Detention is by a competent court
C. Detention is outside the jurisdiction of the court
D. All of these

Answer 1

Hint:1. It is recourse in the law and its literal meaning is ‘to produce the body’.
2. Whenever the confinement or restraint is illegal, the person who is restrained can challenge that restraint using the writ.

Complete answer:
Habeas Corpus is often called an ‘extraordinary remedy’ and is used to challenge the lawfulness of a person’s confinement or their restraint. The writ of Habeas Corpus is a command from a court with proper jurisdiction to anyone who has a person under confinement or under restraint. This writ applies to all confinements that are applied unlawfully or in an unapproved manner or degree.
The term ‘confinement’ here refers to –
a. A person who is in jail and unable to make bond, pretrial.
b. A person who has made bail pretrial but is subject to court ordered bond conditions (e.g. curfew, driving restriction etc.)
c. A person suspended under probation conditions subject to court orders.
d. A person who is convicted after trial and is serving prison time.
On the other hand, Habeas Corpus cannot be issued when the detention is lawful. It is also not issued the detention or the proceeding is for contempt or breaking of a law of legislature. This writ cannot be issued if the detention is by the High Court or the Supreme Court itself. Also if the detention is outside the jurisdiction of the court, then a Habeas Corpus writ cannot be issued.

Thus, the correct answer is Option (D) All of these.

Note:1. The writ of Habeas Corpus can be broken down to two general categories:- Pre Trial Writs and Post-Conviction Writs.
2. Pre-Trial writs can be used to obtain a bond or a reduction of bond.
3. In Post-Conviction writs the person confined or restrained must prove that their restraint was caused by the violation of their constitutional rights.