Ind. Code ch. 34-25.5-5

Ind. Code ch. 34-25.5-5
in effect

Ind. Code § 34-25.5-5-1 Limitation on questioning legality of judgment or process

Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases: (1) Upon process issued by any court or judge of the United States where the court or judge has exclusive jurisdiction. (2) Upon any process issued on a final judgment of a court of competent jurisdiction. (3) For any contempt of any court, officer, or body with authority to commit. (4) Upon a warrant issued from the circuit court, superior court, or probate court upon an indictment or information. (b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of commitment, as for contempt, upon proceedings to enforce the remedy of a party. [Pre-1998 Recodification Citation: 34-1-57-13.] As added by P.L.1-1998, SEC.21. Amended by P.L.84-2016, SEC.157.

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

Sec. 2. (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.] As added by P.L.1-1998, SEC.21.

Ind. Code § 34-25.5-5-3 Writ issued to let a prisoner to bail

Sec. 3. The writ may be used for the purpose of letting a prisoner to bail in civil and criminal actions. [Pre-1998 Recodification Citation: 34-1-57-15.] As added by P.L.1-1998, SEC.21.

Ind. Code § 34-25.5-5-4 Notice of discharge to person having interest in detention of prisoner

Sec. 4. When any person has an interest in the detention, the prisoner shall not be discharged until the person having an interest in the detention is notified. [Pre-1998 Recodification Citation: 34-1-57-16.] As added by P.L.1-1998, SEC.21.

Ind. Code § 34-25.5-5-5 Immunity of sheriff or officer obeying writ or order of discharge

Sec. 5. A sheriff or other officer shall not be liable to a civil action for obeying a writ of habeas corpus or an order of discharge made pursuant to a writ of habeas corpus. [Pre-1998 Recodification Citation: 34-1-57-18.] As added by P.L.1-1998, SEC.21.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026