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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

In one sentenceSection 10-124 lists the only seven grounds on which a person held under process from a legally constituted court can be discharged, and it bars the court from otherwise second-guessing the legality or justice of that court's judgment.

Full Text of 735 ILCS 5/10-124

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If it appears that the prisoner is in custody by virtue of process from any court legally constituted, he or she may be discharged only for one or more of the following causes:
1. Where the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum or person.
2. Where, though the original imprisonment was lawful, nevertheless, by some act, omission or event which has subsequently taken place, the party has become entitled to be discharged.
3. Where the process is defective in some substantial form required by law.
4. Where the process, though in proper form, has been issued in a case or under circumstances where the law does not allow process to issue or orders to be entered for imprisonment or arrest.
5. Where, although in proper form, the process has been issued in a case or under circumstances unauthorized to issue or execute the same, or where the person having the custody of the prisoner under such process is not the person empowered by law to detain him or her.
6. Where the process appears to have been obtained by false pretense or bribery.
7. Where there is no general law, nor any judgment or order of a court to authorize the process if in a civil action, nor any conviction if in a criminal proceeding. No court, on the return of a habeas corpus, shall, in any other matter, inquire into the legality or justice of a judgment of a court legally constituted.

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.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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