10-124.Causes for discharge when in custody on process of court.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/10-124
Plain-English Summary
Where a prisoner is held by process from a court that is legally constituted, Section 10-124 confines discharge to seven specific causes. A person may be discharged where the court exceeded the limit of its jurisdiction as to matter, place, sum, or person; where a later act, omission, or event has made the party entitled to discharge even though the original imprisonment was lawful; where the process is defective in some substantial form the law requires; or where the process, though proper in form, was issued in a case or under circumstances where the law doesn't allow imprisonment or arrest orders to issue at all.
The remaining grounds cover process issued in a case unauthorized to issue it, or held by someone not legally empowered to detain the party; process obtained by false pretense or bribery; and, finally, a total absence of legal authority — no general law, judgment, or court order to support a civil process, or no conviction at all to support a criminal one.
The section closes with an important limit on the court's own role: on the return of a habeas corpus, no court shall, in any other matter, inquire into the legality or justice of a judgment of a legally constituted court. That final sentence keeps the seven listed grounds as the exclusive avenue for relief against otherwise valid court process, rather than opening the door to a broader re-examination of the underlying judgment.
Frequently Asked Questions
How many grounds does Section 10-124 recognize for discharging a person held under valid court process?
Seven, each listed in the section.
What is the first ground listed in Section 10-124?
That the court exceeded the limit of its jurisdiction as to matter, place, sum, or person.
Can a person be discharged because of something that happened after a lawful imprisonment began?
Yes. Discharge is available where a later act, omission, or event entitles the party to it, even though the original imprisonment was lawful.
What limit does the closing sentence of Section 10-124 place on the court's review?
On the return of a habeas corpus, the court may not otherwise inquire into the legality or justice of a judgment from a legally constituted court.
Is any defect in the form of the process enough to justify discharge?
Only if the defect is substantial and involves a form the law requires.
Amendment History
(Source: P.A. 82-280.)