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    Question

    The writ of habeas corpus will be issued

    if___________________
    A Detention is legal Correct Answer Incorrect Answer
    B Detention is for contempt of court Correct Answer Incorrect Answer
    C Detention is within the jurisdiction of the court Correct Answer Incorrect Answer
    D All of the above Correct Answer Incorrect Answer

    Solution

    The writ of habeas corpus can be issued by the Supreme Court and High court under Article 32 and 226 of the Constitution respectively. The literal meaning of habeas corpus means 'to have the body'. It is an order issued by the court to produce the person illegally detained before the court. It acts as a bulwark against the detention of the person. However, the writ cannot be issued when: 1. Detention is legal; 2. It is outside the jurisdiction of the court; 3. Detention is for contempt of court or legislature; 4. Detention is by the final judgment of the court.

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