Correct option is C
Sol.
Section 97 of the Code of Criminal Procedure (Cr.P.C.) closely resembles the
writ of Habeas Corpus. This section empowers a Magistrate to issue a search warrant for a person who is wrongfully confined. It allows the recovery of a person who is believed to be illegally detained or confined, which is the essence of the Habeas Corpus writ.
Information Booster:
Section 97, Cr.P.C. (Search for persons wrongfully confined): This section grants a Magistrate the authority to issue a search warrant if there is reason to believe that a person is wrongfully confined. Upon issuance of the warrant, the police or other authorized persons can search for and rescue the wrongfully confined person. The confined individual is then brought before the court, which decides on the legality of the detention.
This provision in the Cr.P.C. serves a similar purpose to the writ of
Habeas Corpus, which is a constitutional remedy under
Article 32 or
Article 226 of the Indian Constitution. The writ of Habeas Corpus is used to seek immediate relief from unlawful detention, ensuring that no person is wrongfully confined without legal justification.
Additional Knowledge:
1.
Section 91, Cr.P.C. (Summons to produce documents or other things): This section allows a court or police officer to require the production of documents or evidence in a criminal investigation. It does not pertain to the unlawful confinement of a person.
2.
Section 93, Cr.P.C. (Search warrants): Section 93 provides for the issuance of search warrants for the discovery of documents, materials, or things. It is unrelated to the recovery of wrongfully confined individuals.
3.
Section 96, Cr.P.C. (Search warrant for forfeited publications): This section deals with search warrants issued to seize prohibited or forfeited publications. It has no relation to the wrongful confinement of persons.
