Held with no FIR? A court can free them.

Myth or fact?

What people often think.

• Myth: The police can keep someone at the station for days.
• Fact: A person arrested without warrant cannot be held beyond 24 hours without a Magistrate's special order under s.167, journey time aside (CrPC s.61).

The remedy.

Section 491, CrPC.

“Any High Court may, whenever it thinks fit, direct ... (b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty.”

Code of Criminal Procedure, 1898 · Section 491(1), Power to issue directions of the nature of a habeas corpus

Quick quiz. Which court?

Guess first, then swipe for the answer.

• A. Only the Supreme Court
• B. The High Court, and a Sessions Judge it empowers
• C. The SHO himself

Answer: B. Section 491(1A).

Who can use the power.

• High CourtCan direct that the person be brought before it, or set at liberty (s.491(1)).
• Sessions JudgeWhere the High Court has so directed by notification, a Sessions or Additional Sessions Judge can too (s.491(1A)).

What a court found.

2026 PCrLJ 572, Sindh High Court.

• The raidOn a s.491 application, a Magistrate made a surprise visit to the police station.
• No recordTwo men were held with no FIR and no entry in the station diary.
• CostsCosts on the SHO and officials were upheld.

Police who fake a case.

2024 PCrLJ 1669, Lahore High Court.

• FoundAn ASI and the SHO illegally confined the detenu, then created evidence against him.
• OrderedThe petitioner was told to apply for an FIR against both officers, to be lodged without delay.

Know the limits.

When s.491 is not the route.

• AbductionClaimed abduction with no known place of detention: that is for police investigation (2023 YLR 1746).
• Preventive detentionSection 491 does not apply to it (s.491(3)).

What to do.

Three steps, in this order.

• FactsWho took him, when, and to which police station.
• ApplyA petition under s.491 to the court.
• OrderProduction, a raid, or release.

Get these ready.

The court needs specifics.

• The personName, CNIC and a recent photo.
• The placeThe police station and the officers you saw.
• The proofWitnesses, call logs, messages and the time he was taken.

Someone held?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• Police took my brother last night and there is no FIR. What can I do today?
• Draft a habeas corpus petition under section 491 CrPC.

Example questions

Sources

• Code of Criminal Procedure, 1898 · Section 491(1)
  Power to issue directions of the nature of a habeas corpus Pakistan Code