What it involves
Under Article 226 of the Constitution, the High Court may issue writs to enforce fundamental rights and to correct unlawful action by the State. In criminal matters the jurisdiction is used to challenge FIRs, to secure the release of a person illegally detained, and to direct a fair investigation.
The safeguards on arrest laid down by the Supreme Court, and those now written into the BNSS, are enforced through this jurisdiction.
Matters
- Challenges to FIRs
- Habeas corpus against illegal detention
- Writs against unlawful action by the State
- Directions for a fair and proper investigation
How a matter proceeds
GroundsThe petition sets out the right infringed and the action or inaction of the State complained of.
FilingIt is filed with the relevant orders, the FIR and any representation already made.
HearingThe State files its instructions or counter-affidavit.
ReliefThe court may quash, release, direct investigation, or stay coercive action.
General information on the law as it stands on 15 November 2026. It is not legal advice and does not create an advocate–client relationship.