What if someone is illegally detained?

File habeas corpus petition in High Court or Supreme Court. Court will order the detaining authority to produce the person and justify detention.

Habeas corpus is a fundamental legal remedy against unlawful detention. If a person is illegally detained by police, government, or any authority, a writ of habeas corpus can be filed in the High Court under Article 226 or the Supreme Court under Article 32. The court orders the detaining authority to physically produce the detained person and justify the legality of detention. If the detention is found unlawful, the court orders immediate release. This remedy is available 24/7, including holidays, given the urgency. Under BNSS Section 58, the Magistrate can also direct release if a person is detained without being produced before the court within 24 hours. Habeas corpus can be filed by anyone on behalf of the detained person — it need not be the detained person themselves.

• Article 32 (Writ jurisdiction of Supreme Court)
• Article 226 (Writ jurisdiction of High Court)
• BNSS Section 58 (No detention beyond 24 hours)