Code of Civil Procedure, 1908 | Section 132
Section 132 CPC: Exemption of Certain Women from Personal Appearance in Court
Section 132 of the Code of Civil Procedure, 1908 provides a specific exemption from compulsory personal appearance in court for women covered by the customs and manners described in the provision. It does not remove their legal obligations or automatically exempt every woman from appearing.
Section 132 CPC: Statutory text
(1) 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.
(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.
Provision reproduced from the uploaded page. Consult the current official legislation and applicable local amendments when relying on statutory text.
Meaning and scope of Section 132
Section 132(1) recognises a limited exemption based on customs and manners under which certain women ought not to be compelled to appear in public. The words of the provision are important: it is not a blanket exemption for all women, nor does it depend solely on a person's preference not to attend court.
The provision concerns personal appearance in court. It does not by itself dispose of a lawsuit, excuse compliance with all court directions, or prevent the court from obtaining relevant evidence through procedures authorised by law. A person seeking the exemption should bring the relevant circumstances to the court's attention.
Does Section 132 prevent examination as a witness?
No. Exemption from being compelled to appear personally in court must be distinguished from an exemption from giving evidence. Where testimony is relevant, the court can consider procedures permitted by the CPC, including the provisions concerning commissions for examination of witnesses.
Order XXVI Rule 1 CPC permits examination on commission, in the circumstances specified there, of a person resident within the court's local jurisdiction who is exempt under the Code from attending court, or unable to attend because of sickness or infirmity. The court must apply the governing procedural rules to the particular case.
Order III Rule 1 CPC also addresses appearances, applications and acts through recognised agents or pleaders where permitted, subject to any direction requiring personal appearance. Representation by a pleader and examination of a witness are separate procedural questions.
Section 132(2) and the prohibition under Section 56 CPC
Sub-section (2) makes clear that the appearance exemption is not, by itself, an independent immunity from every form of arrest under civil process. Its express qualification is crucial: it operates only where arrest of women is not prohibited by the Code.
How the exemption may be raised before a civil court
- Identify the issue: determine whether the direction requires personal appearance and whether Section 132(1) is relevant to the circumstances.
- Present the grounds: explain the applicable custom or manner and provide appropriate supporting material when required.
- Request suitable directions: ask the court to consider exemption and, where evidence is necessary, a lawful alternative such as examination on commission.
- Follow the court's order: comply with the directions governing representation, evidence, filing or other procedural obligations.
Related CPC provisions
- Section 133 CPC: exemption of other specified persons from personal appearance.
- Section 135 CPC: exemption from arrest under civil process in specified circumstances.
- Section 135A CPC: specified protection for members of legislative bodies.
- Section 56 CPC: prohibition on arrest or detention of women in execution of money decrees.
- Order XXVI Rule 1 CPC: examination on commission in specified cases.
For the consolidated legislation and updates, consult the official India Code portal. Court-specific practice and any applicable amendments should also be checked before acting.
Frequently asked questions
Does Section 132 exempt every woman from attending court?
No. Section 132(1) addresses women who, according to the customs and manners of the country, ought not to be compelled to appear in public. Its protection is not a general exemption for every woman.
Does exemption from personal appearance mean exemption from giving evidence?
No. The exemption concerns compulsory personal appearance in court. Where evidence is necessary, the court may consider lawful alternatives, including examination on commission under the applicable provisions of the CPC.
Can a woman be arrested in execution of a money decree?
Section 56 CPC prohibits arrest or detention of a woman in execution of a decree for payment of money. Section 132(2) does not override that prohibition.
Can a party apply for exemption under Section 132 CPC?
Yes. A party relying on the provision may place the relevant facts and supporting material before the court and request appropriate directions. The court decides the procedural arrangements under the applicable law.
This article is for general legal information. Application of the provision depends on the facts, court directions and law in force.