Terms Used In Indiana Code 34-25.5-1-1

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
   Sec. 1. Every person whose liberty is restrained, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered from the restraint if the restraint is illegal.

[Pre-1998 Recodification Citation: 34-1-57-1.]

As added by P.L.1-1998, SEC.21.