Arrest and Detention of Judgment Debtor on application for Execution

As per section 55(1) of Code of Civil Procedure, a Judgment debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court and his detention may be in the civil prison of the district in which the Court considering the detention is situate, or, place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detailed.

 

There is a provision in the CPC that for the purpose of making an arrest under this section, no dwelling house shall be entered after sunset and before sunrise.

The other provision is that no outer door of a dwelling house shall be broken open unless such dwelling house is in the occupancy of the judgment debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has gained access to any dwelling house, he may break open the door of any room in which he has reason to believe the judgment debtor is to be found.

The third provision is that 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.

The fourth provision is that, where the decree in execution of which a judgment debtor is arrested, is a decree for the payment of money and the judgment debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.

As per Section 55(2) of Code of Civil Procedure the State Government may, by notification in the official gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the state government on this behalf.

 

 

When the Judgment Debtor is arrested

As per Section 55(3) of the CPC where a judgment debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.

 

When Judgment Debtor has not money to pay and expresses his intention to apply to be declared as insolvent

As per Section 55(4) of cpc where judgment debtor express his intention to apply to be declared an insolvent and furnishes security, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails to apply and appear, the Court may either direct the security to be realized or commit him to the civil prison in execution of the decree.

 

Can a woman be arrested or detained in execution of decree for money?

Section 56 of Code of Civil Procedure deals with Prohibition of arrest and detention of woman in execution of decree for recovery of money. Section 56 of CPC prohibits arrest or detention of women in execution of decree for money. Section 56 says that "not withstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money."

 

What is the provision regarding subsistence allowance

Section 57 of CPC has provision regarding subsistence allowance to Judgment debtor. Section 57 read as follows:

"The state Government may fix scales, graduated according to rank, race and nationality, or monthly allowances payable for the subsistence of judgment debtor."

 

What is the law regarding detention and release of Judgment debtor

As per Section 58 of Code of civil procedure every person detailed in the civil prison in execution of a decree shall be so detained:-

  1. Where the decree is for the payment of a sum of money exceeding five thousand rupees, for a period not exceeding three months, and
  2. where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks:

Provided that he shall be released from such detention before the expiration of the said period of detention-

  1. on the amount mentioned on the warrant for his detention being paid to the officer in charge of the civil prison, or
  2. On the decree against him being otherwise fully satisfied, or
  3. on the request of the person whose application he has been so detained, or
  4. on the omission by the person, on whose application he has been so detained, to pay subsistence allowance.

Provided also that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the court.

(1-A) for the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed two thousand rupees.

As per Section 58(2) of Code of Civil Procedure A judgment debtor released from detention under this section shall not merely by reason on his release be discharged from his debt, but he shall not be liable t be re-arrested under the decree in execution of which he was detained in the civil prison.

 

Important Case Laws, Citations of Supreme Court, High Court and District Courts

Hindu Marriage Act Case laws

Divorce Act Case Laws

Domestic Violence Act Citations

125 CRPC Case Laws and Citations

Section 498A IPC Case Laws

CRPC - Code of Criminal Procedure

CPC Important citations, case laws

Indian Penal Code Case Laws

Perjury Case laws and citations

Maintenance case decision favouring husbands

 

About Us | Privacy Policy | Disclaimer | Sitemap