Writ Petition (Criminal)
Legal Basis:
A Writ Petition (Criminal) is filed under Article 32 (before the Supreme Court) or Article 226 (before the High Court) of the Constitution of India, seeking protection of Fundamental Rights in criminal matters — such as personal liberty, unlawful detention, or misuse of criminal law machinery.
When It Can Be Filed:
A Writ Petition (Criminal) may be filed in situations like:
- Illegal or arbitrary arrest or detention.
- Custodial violence, harassment, or violation of personal liberty.
- Misuse of police power or malicious prosecution.
- Seeking quashing of FIR or criminal proceedings where the process is abused.
- Bail-related constitutional issues or habeas corpus petitions.
Relevant Constitutional Articles:
- Article 32: Directly before the Supreme Court for violation of Fundamental Rights.
- Article 226: Before the High Court for violation of Fundamental or Legal Rights.
- Article 21: Protection of life and personal liberty (commonly invoked in criminal writs).
Common Types of Criminal Writs:
- Habeas Corpus — to produce a person who is unlawfully detained.
- Mandamus — to direct authorities to perform a duty under criminal law.
- Certiorari — to quash illegal criminal proceedings or orders.
- Prohibition — to prevent a lower court or authority from acting beyond its power.
- Quo Warranto — rarely used in criminal context, but may question unlawful holding of public office.
Who Can File:
- The detained person himself/herself.
- A family member or friend (especially in habeas corpus cases).
- Any citizen or organization (in case of public interest or illegal custody cases).
