Arrest and Detention under CPC, 1908:

Under Section 51(c) of CPC, it is given that when a decree-holder moves to the court for
executing a decree, the court can execute such decree by the arrest and detention of the judgment
debtor.

A.The person in whose favour a decree is passed is called decree-holder.

B.And the person against whom decree is passed is called judgment debtor.

There are various ways under Civil Procedure Code for the execution of decree one of such a
way is the ‘Arrest and Detention’.

Section 55 to 59 of the Code and the Order 21 Rule 37 to 40 of the Code talks about the law
relating to ‘Arrest and Detention’.

The following are the details which are to be kept in mind:

1.Procedure:

Section 55 of the Code states that Judgment debtor can be arrested at any time during the
execution of decree and after that he must be presented before the court.

There is a proviso to this section which imposes restrictions on the time and place of arrest
these restrictions are as follows:

a.Arrest of person residing in dwelling house cannot be made after sunset and before sunrise.

b.No outer door shall be broken in order to enter the house unless such a house is the occupancy
of the judgment debtor.

c.If the room is in the actual occupancy of a woman who is not the judgment-debtor and who
according to the customs of the country does not appear in public, the officer authorised to make
the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a
reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may
enter the room for the purpose of making the arrest.

d.Where there is decree as per order 21 rule 30, that is for payment of money, and judgment
debtor pays the same and costs of the arrest to the arresting officer, then the judgment debtor
shall not be arrested.

Order 21 Rule 37 states that where an application is for the execution of a decree for the payment
of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be
arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his
arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the
notice and show cause why he should not be committed to the civil prison.
The notice above mentioned is not required if the Court is satisfied, by affidavit, or otherwise
that, with the object or effect of delaying the execution of the decree, the judgment-debtor is
likely to abscond or leave the local limits of the jurisdiction of the Court.        

Exemption from Arrest:

a.A woman (Section 56)

b.Where the decretal amount does not exceed rupees two thousand (Section 58(1A))

c.Arrest only in case of execution of decree.(Section 81(a))

d.Judicial officers shall not be liable to arrest while going to, presiding in, or returning from his
Court. (Section 135).

e.Person shall not be liable to arrest or detention if he is a member of either House of Parliament
or the legislative Assembly or Legislative Council of a State or a Legislative Assembly of a
Union territory. (Section 135(a))

3.Exemption from personal appearance:

Section 81(b) of the Code states that where the Court is satisfied that the judgment debtor cannot
absent himself from his duty without detriment to the public service, it shall exempt him from
appearing in person.

As per section 132 of Code only those women who, according to the customs and manners of the
country, ought not to be compelled to appear in public shall be exempt from personal appearance
in Court.

Section 133 of Code states that following persons shall be entitled to exemption from personal
appearance:

The President of India, Vice-President of India, Speaker of the House of the People, Ministers of
the Union, Judges of the Supreme Court, Governors of States and the administrators of Union
Territories, Speakers of the State Legislative Assemblies, Chairman of the State Legislative
Councils, Ministers of States, Judges of the High Courts.

4.Period of Detention:

Where the decree is for the payment of a sum of money exceeding one thousand rupees, for a
period not exceeding three months, and  Where the decree is for the payment of a sum of money
exceeding five hundred rupees, but not exceeding one thousand rupees, for a period not
exceeding six weeks.

5.Subsistence allowance for Judgment - debtor:

Section 57 of the Code the State Government may fix scales, graduated according to rank, race
and nationality, of monthly allowances payable for the subsistence of judgment-debtors.

6.Release:

According to order 21 Rule 40(2) of the code, the court has a discretionary power to order the
judgment-debtor to be detained in the custody of an officer of the Court or release him on
furnishing security to the satisfaction of the Court for his appearance as and when required.

Section 58 of the Code states that every person detained shall be released from such detention on
the amount mentioned in the warrant for his detention being paid to the officer in charge of the
civil prison.

Section 59 of the Code states that at any time after a warrant for the arrest of a judgment-debtor
has been cancel on ground of his serious illness.