Difference between Section 100 crpc and 491 crpc | Wrongful Restraint and Wrongful confinement crpc

Описание: Section 100 CrPC

🔹 Title: Search for persons wrongfully confined
🔹 Scope:

This section empowers a Magistrate to issue a search warrant if he has reason to believe that any person is confined under circumstances amounting to an offence (illegal detention).

The police can then search for that person and, if found, immediately produce him before the Magistrate.

It is preventive in nature and protects the liberty of a person at the initial stage of wrongful confinement.


🔹 Key Point:
It provides a magisterial remedy at the lower court level.


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Section 491 CrPC

🔹 Title: Power to issue directions of the nature of habeas corpus
🔹 Scope:

This section empowers the High Court (and not Magistrates) to issue directions in the nature of Habeas Corpus.

If a person is illegally or improperly detained, the High Court can order the person to be brought before it and may release him.

It is a constitutional safeguard against unlawful detention by police, private persons, or even authorities.


🔹 Key Point:
It provides a writ-like remedy at the High Court level (similar to Article 199 of the Constitution).


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Main Differences at a Glance

Aspect Section 100 CrPC Section 491 CrPC

Authority Magistrate High Court
Nature Search warrant for wrongfully confined persons Habeas corpus-type remedy
Stage Preventive/Immediate relief Wider remedy, constitutional in nature
Applicable Against Private persons (wrongful confinement) Police, Govt. Authorities, Private persons
Power Produce person before Magistrate Order release if detention is unlawful



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👉 In short:

Section 100 CrPC = Magistrate-level search for illegally confined persons.

Section 491 CrPC = High Court-level habeas corpus remedy for illegal detention.