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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXVII

DIRECTIONS OF THE NATURE OF A Habeas Corpus

Power to issue directions of the nature of a habeas corpus
491.(1) The High Court Division may, whenever it thinks fit, direct:-
 
 
 
 
(a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law;
 
 
 
 
(b) that a person illegally or improperly detained in public or private custody with such limits be set at liberty;
 
 
 
 
(c) that a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court;
 
 
 
 
(d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively;
 
 
 
 
(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial ; and
 
 
 
 
1[* * *]
 
 
 
 
(2) The 2[Supreme Court] may, from time to time, frame rules to regulate the procedure in cases under this section.
 
 
3[(3) Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention.]

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Ministry of Law, Justice and Parliamentary Affairs