Practicing Success

Target Exam

CUET

Subject

General Test

Chapter

General Knowledge

Question:

Which of the following writs provides a remedy for a person who has been unlawfully held in prison?

Options:

Certiorari

Habeas Corpus

Mandamus

Prohibition

Correct Answer:

Habeas Corpus

Explanation:

The correct answer is Option 2 - Habeas Corpus

The writ that provides a remedy for a person who has been unlawfully held in prison is "Habeas Corpus." It is a legal action through which a person can seek relief from unlawful detention or imprisonment. The purpose of the writ is to protect individuals against arbitrary arrest and detention by ensuring that they are brought before a court to determine the legality of their detention.

Here's an explanation of the five main writs:

Habeas Corpus: This writ is used to challenge unlawful detention. If you believe someone is being held illegally, a habeas corpus petition can be filed to bring them before the court. The court will then decide if the detention is lawful and order their release if not.

Mandamus: This writ is used to order a public official or a lower court to perform a legal duty they are neglecting. Essentially, it compels them to do something they are legally obligated to do.

Prohibition: This writ is the opposite of mandamus. It is used to prevent a public official or a lower court from exceeding their jurisdiction or acting illegally. It essentially prohibits them from doing something.

Certiorari: This writ is used to quash (cancel) an order passed by a lower court or tribunal if it is found to be illegal or improper.  The higher court basically reviews the order and can overturn it if necessary.

Quo Warranto: This writ is used to challenge the right of a person to hold a public office. If someone is believed to be occupying a position illegally, a quo warranto petition can be filed to have them removed from the office.