Section 491: Power to issue directions of the nature of a habeas corpus

(1) [Any High Court] 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 within 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 Courtmartial or Commissioners respectively ; (e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and (f) that the body of a defendant within such limits be brought in on the Sheriff’s return of cepi corpus to a writ of attachment. [(1A) The High Court may, by general or special order published in the official Gazette, direct that all or any of its powers specifed in clauses (a) and (b) of sub section (1) shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by— (a) a Sessions Judge; or (b) an Additional Sessions Judge, within the territorial limits of a Session Division.] (2) [The High Court] may, from time to time, frame rules to regulate the procedure in cases under this section. [(3) Nothing in this section applies to persons detained under any law providing for preventive detention.]

Effective date: 1898-07-01

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