Habeas Corpus
Writ Jurisdiction under Article 226
Habeas corpus, Latin for "you may have the body," is a writ that commands the production of a detained person before a court to test the legality of their detention. In India, High Courts can issue this writ under Article 226 of the Constitution, and the Supreme Court under Article 32, both drawn from the English common law tradition of prerogative writs.
- Article 226 empowers High Courts to issue writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto) not only for enforcement of Fundamental Rights but also for any other legal right — giving it wider scope than Article 32, which is confined to Fundamental Rights
- A habeas corpus petition can be filed by the detained person or, when they cannot approach the court themselves, by a relative or any interested person on their behalf
- Courts examine whether detention has lawful sanction; in "adult choice" cases involving alleged confinement by family members, courts typically interview the person directly to ascertain their free will before ruling on custody
● Tracked since February 27, 2026 · last seen August 10, 2026 · updates as the daily brief publishes
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