HABEAS CORPUS AND SECTION 97 OF CRIMINAL PROCEDURE CODE, 1973
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Abstract
The term ‘Habeas Corpus’ is translated as ‘to have a body of’. The purpose of this writ is to free someone who has been unfairly imprisoned or detained. The effectiveness of this writ is equal to the court’s order. Under this writ, the court orders that the person who has been held be brought before it so that the legality of his detention can be determined. If the tribunal finds that the detention was unlawful, the person must be released immediately. It is essential to note that the warrant issued under section 97 CrPC 1973 also performs a similar role as that of the writ of habeas corpus, wherein the police is allowed to intervene on behalf of a person who has been wrongfully imprisoned as a result of a magisterial order.
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