Indiana § 34-25.5-5-2 When persons not to be discharged from order of commitment

Indiana Statutes

§ 34-25.5-5-2 — When persons not to be discharged from order of commitment

Indiana § 34-25.5-5-2

Title 34CIVIL LAW AND PROCEDURE

Art. 25.5SPECIAL PROCEEDINGS: HABEAS CORPUS

Ch. 5Issuance of Writ

This text of Indiana § 34-25.5-5-2 (When persons not to be discharged from order of commitment) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-25.5-5-2 (2026).

Text

(a)A person shall not be discharged from an order of commitment issued by any judicial or peace officer:

(1)for want of bail, or in cases not bailable, on account of a defect in the charge or process; or

(2)for alleged want of probable cause.

(b)In cases described in subsection (a), the court or judge shall:

(1)summon the prosecuting witnesses;

(2)investigate the criminal charge;

(3)discharge, let to bail, or recommit the prisoner, as may be just and legal; and

(4)recognize witnesses when proper. [Pre-1998 Recodification Citation: 34-1-57-14.]

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(a) A person shall not be discharged from an
order of commitment issued by any judicial or peace officer:
(1) for want of bail, or in cases not bailable, on account of a defect
in the charge or process; or
(2) for alleged want of probable cause.
(b) In cases described in subsection (a), the court or judge shall:
(1) summon the prosecuting witnesses;
(2) investigate the criminal charge;
(3) discharge, let to bail, or recommit the prisoner, as may be just
and legal; and
(4) recognize witnesses when proper.
[Pre-1998 Recodification Citation: 34-1-57-14.]