Academic Paper from the year 2020 in the subject Law – Criminal process, Criminology, Law Enforcement, grade: A+, , course: Criminal Law, language: English, abstract: The point of discussion of this paper is to have a detailed overview of the Writ of Habeas Corpus under the criminal law of Pakistan. The Writ of Habeas Corpus is sought to enforce the right to life. This paper will begin by discussing what Habeas Corpus is, and then it will discuss the legal provisions of Habeas Corpus applicable in Pakistan. It will explain section 491 Cr PC with Article 199 of the Constitution of Pakistan.
A critical review of this doctrine will be given in this paper. It will briefly discuss the conditions necessary for the applicability of the writ of Habeas Corpus. Furthermore, it will be discussed what the law under Cr PC explicitly states and how it is implemented by the judiciary. In addition, this paper will also discuss exceptions to the Habeas Corpus. It precisely states how the search for people who are wrongfully confined takes place. Relevant case laws have been cited.
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