Correct option is B
Section 97 of the Code of Criminal Procedure (Cr.P.C.): This section provides a remedy that closely resembles the writ of
Habeas Corpus. It empowers a Magistrate to issue a search warrant for a person who is wrongfully confined. If the person is found, they must be immediately brought before the Magistrate, who can then take appropriate action to release the individual. This provision is particularly useful in cases where someone is being unlawfully detained by another private individual.
Information Booster:
· Habeas Corpus: The writ of
Habeas Corpus is a fundamental legal remedy to protect an individual's right to liberty. It requires a person holding someone in custody to bring that person before a court or judge to determine the legality of the detention. It is an essential safeguard against unlawful or arbitrary detention.
· Section 97 Cr.P.C.: Mirrors the purpose of the
Habeas Corpus writ by allowing the Magistrate to intervene when a person is believed to be wrongfully confined. The search warrant issued under this section leads to the recovery and release of the detained individual, ensuring protection against illegal confinement.
Additional Knowledge:
· Section 91 Cr.P.C.: This section deals with the power of the court to summon documents or other items that may be necessary for the investigation or trial. It does not relate to personal liberty or unlawful detention.
· Section 96 Cr.P.C.: Authorizes the court to issue a search warrant to seize objectionable materials, like publications or documents that may be used as evidence in a case. This is more about the seizure of items rather than the protection of individual liberty.
· Section 93 Cr.P.C.: This provision allows a court to issue a search warrant for certain documents or things if they are believed to be necessary for the investigation or trial. It does not pertain to the personal freedom of individuals.
