AAP Tax Law
Constitutional Remedy • Updated 29 August 2026

Affidavit for Habeas Corpus Petition under Article 226

Updated specimen affidavit for a High Court petition challenging illegal detention or unlawful restraint of personal liberty under Article 226 of the Constitution of India.

Important: Habeas corpus is primarily a remedy against unlawful detention or restraint of liberty. A person being merely "missing" does not by itself establish a habeas corpus case; the petition should ordinarily disclose material suggesting illegal custody, confinement or detention by the State or a private person.

Article 226 empowers every High Court to issue directions, orders and writs, including a writ in the nature of habeas corpus. The remedy enables the Court to examine whether a person is being deprived of liberty without lawful authority and, where detention is found unlawful, to direct release or pass other appropriate constitutional orders.

Article 226 Expressly empowers High Courts to issue writs in the nature of habeas corpus.
Core Question Whether the person's detention, custody or restraint is supported by lawful authority and constitutional safeguards.
Who May File In appropriate circumstances, a relative, friend or other person acting bona fide may approach the Court when the detained person cannot effectively do so.

Sample Affidavit for Habeas Corpus Petition under Article 226

This is a general specimen. The cause title, jurisdiction, detention facts, respondents, prayer and verification must be adapted to the actual case and the applicable High Court Rules.

IN THE HIGH COURT OF ______________________________ AT __________________
WRIT / CRIMINAL WRIT JURISDICTION
WRIT PETITION (CRIMINAL) NO. ______ OF 20____

____________________________ PETITIONER

VERSUS

____________________________ & ORS. RESPONDENTS

AFFIDAVIT

I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, resident of ________________________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the petitioner / parent / spouse / relative / next friend of ____________________________ (the person alleged to be detained) and am well acquainted with the facts and circumstances of the case. I am therefore competent to swear this affidavit.

2. That the person whose liberty is in issue is ____________________________, aged about ____ years, ordinarily residing at ________________________________________________________.

3. That on ________________ at about ________________, the said person was allegedly taken into custody / detained / confined by ____________________________ at ____________________________, in the circumstances stated in the accompanying petition.

4. That the petitioner has reasons to believe that the detention or restraint is unlawful because ________________________________________________________________________________.

5. That the petitioner has made the following inquiries / representations / complaints seeking information about or release of the person: ________________________________________________________________________________.

6. That, where the detention is pursuant to an arrest or detention order, the petitioner challenges its legality on the grounds pleaded in the writ petition, including any alleged violation of Articles 21 and 22 of the Constitution and the applicable statutory safeguards.

7. That, where private custody is alleged, the material facts giving rise to the petitioner's reasonable belief of unlawful confinement are: ________________________________________________________________________________.

8. That the detained person is unable / not in a position to approach this Hon'ble Court personally for the following reason: ________________________________________________________________________________.

9. That the accompanying petition has been prepared under my instructions. I have read and understood its factual contents, which are true and correct to my knowledge and/or based on records and information believed by me to be true.

10. That all previous proceedings, complaints, representations or petitions concerning the alleged detention, if any, have been disclosed in the accompanying petition.

11. That the petition is filed bona fide for protection of personal liberty and without suppression of any material fact.

12. That it is therefore prayed that this Hon'ble Court may issue an appropriate writ, order or direction in the nature of habeas corpus requiring production of the person concerned and examining the legality of the detention, and may grant release or such other relief as is warranted in law.

DEPONENT

VERIFICATION

Verified at ________________ on this ____ day of ________________, 20____, that the contents of paragraphs 1 to ____ above are true and correct to my knowledge and/or based on records and information believed by me to be true, and that nothing material has been concealed therefrom.

DEPONENT

Complete attestation, identification and filing formalities in accordance with the Rules and practice of the High Court concerned.

Article 226: High Court Power to Issue Habeas Corpus

Article 226(1) empowers every High Court, throughout the territories in relation to which it exercises jurisdiction, to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights and for any other purpose.

Article 226(2) also permits exercise of jurisdiction where the cause of action, wholly or in part, arises within the High Court's territorial jurisdiction, subject to the constitutional requirements.

Official Constitution of India - Legislative Department

When a Habeas Corpus Petition May Be Invoked

The Supreme Court has described habeas corpus as an extraordinary constitutional remedy designed to secure release from unlawful detention. The Court may call upon the person or authority responsible for custody to justify the detention and, if no lawful justification exists, order appropriate relief.

Depending on the facts, the remedy may arise in cases of unlawful police custody, invalid or unconstitutional detention, preventive detention affected by jurisdictional or procedural illegality, detention contrary to mandatory safeguards, or unlawful private confinement.

Supreme Court - Nenavath Bujji v. State of Telangana, 2024 INSC 239

Missing Person and Habeas Corpus: Important Difference

A habeas corpus petition should not ordinarily be drafted as a substitute for a routine missing-person complaint or investigation. The constitutional focus is unlawful detention or restraint. Where a person is missing, facts suggesting that the person is being illegally held by the State or a private individual should be stated clearly, along with complaints, police reports, communications, witness information or other material supporting that apprehension.

If the facts reveal only that a person cannot presently be located, without material indicating unlawful custody, the appropriate immediate remedies may include a missing-person report, police complaint and other statutory investigative measures rather than treating disappearance alone as proof of illegal detention.

Recent Supreme Court Guidance: Grounds of Arrest and Habeas Corpus

Recent Supreme Court decisions have reinforced the constitutional requirement that an arrested person must be meaningfully informed of the grounds of arrest. In Kasireddy Upender Reddy v. State of Andhra Pradesh, 2025 INSC 768, the Court discussed the principles laid down in Vihaan Kumar v. State of Haryana and reiterated that communication of the grounds of arrest is a mandatory constitutional safeguard under Article 22(1).

The Court explained that the information must be sufficient to enable the arrested person to understand why liberty has been curtailed and to take effective legal steps, including seeking bail or moving the High Court for habeas corpus where the arrest or detention is alleged to be unlawful.

Supreme Court - Kasireddy Upender Reddy v. State of Andhra Pradesh, 2025 INSC 768

Practical Filing Notes

  • Identify the detained person precisely, including age, address and relationship with the petitioner.
  • State when, where, how and by whom the person was allegedly taken into custody or restrained.
  • Specify why the detention is alleged to be unlawful and identify the constitutional or statutory safeguards said to have been violated.
  • Disclose arrest memo, remand orders, detention orders, FIR details, police-station information and representations, where available.
  • If private detention is alleged, state the concrete facts supporting that allegation rather than relying only on the person's absence.
  • Where the detained person cannot swear the affidavit, explain why the petitioner or next friend is competent to file and verify the petition.
  • Disclose earlier complaints, missing reports, habeas corpus petitions and related proceedings.
  • Follow the applicable High Court Rules for urgent listing, affidavit, memo of parties, annexures, attestation, court fee and e-filing.

Frequently Asked Questions

Can a parent or relative file habeas corpus for a detained person?

Yes, in appropriate circumstances a parent, spouse, relative, friend or other bona fide person may approach the High Court when the person whose liberty is affected cannot effectively approach the Court.

Can habeas corpus be issued against a private person?

Yes. The remedy is not confined to formal State custody. In an appropriate case the Court may require a private person alleged to be unlawfully detaining another to produce that person and justify the custody.

Is every missing-person case a habeas corpus case?

No. A person being missing is not by itself proof of illegal detention. A habeas corpus petition should ordinarily disclose facts supporting a reasonable allegation or apprehension of unlawful custody or restraint.

Can unlawful arrest be challenged through habeas corpus?

Yes, where the detention flowing from the arrest is alleged to be unconstitutional or without lawful authority. The precise remedy and maintainability depend on the nature and stage of the custody, subsequent judicial orders and the facts of the case.

Legal information notice: This specimen is general information and not a substitute for case-specific advice. Habeas corpus matters are highly fact-sensitive and may involve urgent questions under Articles 21, 22 and 226, preventive-detention laws, criminal procedure and applicable High Court Rules.