Who Can File Habeas Corpus?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Any prisoner may ask the court or a judge for a writ of habeas corpus, or another person may act on their behalf. The possibility of the detainee being detained is one justification for the writ to be requested by someone else. The Characteristics of the Habeas Corpus Act are the court has the authority to summon the individual being held to appear in court.

Filing Habeas Corpus in High Court

Habeas Corpus translates to you may have the body of. When a person is being held against their will, you might submit this kind of writ petition.

  • In other words, if the court determines that the individual is being held against their will, it may order their release.
  • The person who is being detained without a warrant typically requests a writ of habeas corpus.
  • To begin the writ process, one can submit and publish a petition for habeas corpus against any governmental body or a specific individual.
  • However, if the person being held is a friend or relative, the court may occasionally permit them to file a habeas corpus petition on their behalf.

Characteristics of the Habeas Corpus Act

As a result, the writ petition has the following characteristics:

  • It is possible to question the detained person’s justifications in court.
  • The person in custody may be ordered by the court to appear in court.
  • It may order the release of the person if it is found that their detention was improper.


Who Can File Habeas Corpus?

A prisoner is the one who can file Habeas Corpus to the court or a judge, or even someone else may do so on their behalf. This kind of writ petition is filed when someone is being held against their will.

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