Thursday, 10 February 2022

False imprisonment and Hea bus corpus

Hea bus corpus and False imprisonment

It is the one of the articles which is mentioned in the constitution that is the article 32 of the fundamental rights. It is one of the important of concept in the false imprisonment. Where in the case when the person is been wrongful detained confinement of the person but in the case there one of the articles which is been violated that is right to life and right to the freedom in which where it restricts the violation of the fundamental right. 

In the case of False imprisonment there is no right to stop the person and take the person and let him to the jail and put in cage. The article takes about where it gives a restrict to the person for not going beyond the exceeding  the limit. In one of the case it talks about the Bhim Singh vs state if Punjab the MLA of the member of the parliament was been prevented from attending the assembly. There he was wrongful confined.

There the victims family filed for FIR. Here the case it is the absolute for the Hea Bus corpus where we can file under the Supreme court. In the article 32 of the constitution it talks about the writs which states that the when there is violation by the fundamental rights by the state or government. In this case there is the  public authorities can be  police officer . But here the exception case is that the it cannot be filed again the president or any high official. The Hea bus corpus is the one of the tool for the implementing the protection of the these rights.

This makes a major role in the aspect of the Fale imprisonment . There is the legal procedure to be maintained under when the police should bring before the court the accused before the 24 hours. In the other case it is one positive approach which have been initiated by the government. There is the high chances being equal . In the article of the constitution of India it talks about it is the right of the Individual which it protect or safeguards the individual from the wrongful act which is the violation of individual which will be not be entertained and prohibits and safe guards completely .

It has the correlation between the false imprisonment and there is via lotion of Heb Corpus. 


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