Every person restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus to enquire into the cause of the restraint, and shall be delivered therefrom when illegal.
§ 1331.Persons Who May Prosecute Writ
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1331 lets any person restrained of liberty, no matter the stated reason, ask a court to examine why through a writ of habeas corpus and order release if the restraint proves illegal.
Full Text of § 1331
Amendment History
R.L. 1910, § 4882.
Plain-English Summary
A writ of habeas corpus is a court order that tests whether someone's confinement is lawful. Section 1331 opens that remedy to anyone restrained of liberty, regardless of who is holding them or why, so a court can look into the cause of the restraint.
If the court finds the restraint illegal, the statute requires release. The writ works the same way whether the custody comes from a jail, a hospital, a private party, or anyone else with physical control over the person.
Frequently Asked Questions
What is a writ of habeas corpus?
It's a court order that requires whoever holds a person in custody to justify the restraint, so a judge can decide whether it's lawful.
Who can ask for the writ under Section 1331?
Anyone restrained of liberty can seek it, and the statute doesn't limit the reason for the restraint that triggers the right.
Does this only cover people held in jail?
No. The text covers restraint "under any pretense whatever," so it reaches any form of custody, not just criminal confinement.
What happens if a court finds the restraint illegal?
Section 1331 requires the court to deliver the person from the restraint - in other words, to order release.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: writ of habeas corpus oklahomawho can file habeas corpuschallenge unlawful custody oklahoma12 O.S. 1331