Abstract: Unlawful detention remains one of the gravest violations of personal liberty under the Indian Constitution. While constitutional remedies such as the writ of habeas corpus provide extraordinary relief, statutory provisions offer immediate, localized mechanisms to protect individuals against wrongful confinement. This paper critically examines Section 97 of the Code of Criminal Procedure, 1973 (CrPC), and its successor, Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Both provisions empower magistrates to issue search warrants for the rescue of unlawfully confined persons. Through doctrinal analysis, comparative evaluation, and contextual application, this study highlights the role, function, and limitations of these statutory remedies. It argues that while the provisions remain largely identical across CrPC and BNSS, their practical enforcement is crucial to bridging the gap between law on paper and liberty in practice.

Keywords: Unlawful detention; Habeas corpus; CrPC; BNSS; Magistrate powers; Personal liberty; Judicial oversight; Police accountability.