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Fundamental Right Against Illegal Arrests

Last updated on Jun 22, 2022

If someone you know has been detained or arrested by police or any authority who refuses to give any reasons for the detention, then in such cases, the arrested person or the relative/s of such person can file a Habeas Corpus petition before any High Court or the Supreme Court of India. 

The Constitution of India grants everyone a fundamental right to ask the Court to order the detaining authority to produce the person so arrested and request the court to investigate if the arrest was legal.

This fundamental right is exercised when a person is arrested and kept in the custody of a detaining authority: 

  1. without being informed of the reasons for the arrest; or
  2. is denied the right to be defended by a legal practitioner of their choice.  

This fundamental right is extremely broad. Please talk to a legal practitioner to understand more of when a Habeas Corpus writ can be filed. 

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