Correct option is A
Section 97 of the Criminal Procedure Code, 1973 resembles the writ of Habeas Corpus. This section provides the power to a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to issue a search warrant for the production of a person wrongfully confined.
Information Booster:
1. Habeas Corpus: The writ of Habeas Corpus is a Fundamental right under the Indian Constitution that allows a person to seek relief from unlawful detention or imprisonment.
2. Section 97 CrPC: This Section empowers the Magistrate to issue a search warrant if they have reason to believe that a person is wrongfully confined. The purpose is to secure the release of the person and produce them before the Magistrate.
3. Objective: The objective of Section 97 is to protect individuals from illegal confinement and ensure their freedom and safety.
4. Procedure: When a complaint or information is received about wrongful confinement, the magistrate can issue a search warrant directing law enforcement to search the specified location and produce the confined person.
5. Legal Safeguard: This provision acts as a safeguard against illegal detention and aligns with the principles of Habeas Corpus by ensuring judicial oversight over personal liberty.
Additional Information:
Option (a): Section 97: This is the correct answer. Section 97 of the CrPC provides for the issuance of a search warrant for the production of a person wrongfully confined, akin to the writ of Habeas Corpus.
Option (b): Section 93: This Section deals with the issuance of search warrants for documents or other things and does not specifically relate to wrongful confinement.
Option (c): Section 91: This Section empowers a Court or officer in charge of a police station to issue summons or written orders for the production of any document or other thing necessary or desirable for the investigation, inquiry, trial, or other proceeding under the Code.
Option (d): Section 96: This Section deals with Application to High Court to set aside declaration of forfeiture.
