Section 135 CPC: Exemption from Arrest under Civil Process

Section 135 CPC: Statutory text

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.

(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

The statutory wording above is retained from the original page. Consult the official consolidated CPC and any applicable amendments or court rules for authoritative use.

Meaning and purpose of Section 135 CPC

The provision is designed to ensure that the administration of civil justice is not disrupted by civil arrest while judicial officers, litigants and witnesses are engaged in court business. The exemption concerns arrest under civil process, not every kind of arrest or legal proceeding.

Section 135(1): Judges and judicial officers

A Judge, Magistrate or other judicial officer is protected from civil arrest while travelling to court, presiding in court and returning from court. The statutory protection is connected to the performance of court duties; it is not a blanket exemption at all times.

Section 135(2): Parties, representatives and witnesses

When a matter is pending before a tribunal with jurisdiction, or a tribunal acting under a good-faith belief in its jurisdiction, the exemption extends to the parties, their pleaders, mukhtars, revenue-agents and recognized agents, as well as witnesses attending in obedience to a summons. It covers the journey to the tribunal, attendance for the pending matter and the return journey.

The provision expressly excludes civil process issued by that tribunal for contempt of court. A person cannot rely on this exemption to disregard the tribunal's lawful authority.

Section 135(3): Judgment-debtor exceptions

A judgment-debtor is a person against whom a decree has been passed or an order capable of execution has been made. Subsection (3) prevents a judgment-debtor from invoking subsection (2) to avoid arrest under an order for immediate execution or when attending to show cause why they should not be committed to prison in execution of a decree. Any such arrest remains subject to other applicable statutory safeguards.

Important legal terms

Civil process

Legal process issued in connection with a civil matter, including lawful measures for enforcing civil court orders and decrees.

Tribunal

A judicial or adjudicatory body hearing a matter within its jurisdiction, or proceeding under a good-faith belief that it has jurisdiction, for the purposes of subsection (2).

Pleader

A person legally entitled to appear and plead for another in court, within the meaning of the CPC and applicable law.

Recognized agent

A person authorized to act for a party within the scope of the CPC, including the rules governing recognized agents under Order III.

Execution of a decree

The legal process through which a decree-holder seeks enforcement of a court decree, governed principally by CPC provisions on execution.

Scope and limitations of the exemption

• Not general immunity: Section 135 is confined to civil arrest in the circumstances it specifies.
• Attendance must relate to proceedings: Subsection (2) concerns attendance for a pending matter and travel connected with it.
• Witnesses must obey a summons: The witness category in subsection (2) is expressly tied to attendance in obedience to a summons.
• Contempt exception: Process for contempt issued by the tribunal concerned is not barred by subsection (2).
• Execution exception: Subsection (3) preserves the stated arrest consequences for judgment-debtors.

How Section 135 relates to other CPC provisions

Section 134 CPC extends certain safeguards concerning arrest to arrests under the Code beyond decree execution. Section 135A CPC separately addresses protection for members of legislative bodies. Section 132 CPC and Section 133 CPC concern exemptions from personal appearance, which are different from immunity from civil arrest.

For decree execution and arrest safeguards, relevant provisions include Sections 51, 55, 56, 57, 58 and 59 CPC and Order XXI, subject to their conditions and any applicable amendments.

Practical application

Where a person seeks protection under Section 135, the court may need to determine the person's status, the nature of the process, the connection with a pending proceeding, and whether the proposed arrest falls within an express exception. Relevant material may include a summons, hearing notice, cause list, or details of the civil arrest order.

Section 135 should not be treated as a basis to ignore a court order. Questions involving arrest or execution require examination of the specific order and the applicable CPC provisions.

Frequently asked questions

Does Section 135 CPC protect a person against criminal arrest?

No. Its stated protection concerns arrest under civil process; it does not create general immunity from criminal law.

Are lawyers protected while attending court?

Subsection (2) includes pleaders of parties in a pending matter during the specified travel and attendance, subject to the statutory conditions and exceptions.

Can a witness claim protection without a summons?

The witness category in subsection (2) expressly refers to witnesses acting in obedience to a summons.

Can a judgment-debtor avoid civil arrest by appearing in court?

Not in the circumstances described in subsection (3), including attendance to show cause why they should not be committed to prison in execution of a decree.

Is contempt process covered by the exemption?

No. Subsection (2) excludes process issued by the relevant tribunal for contempt of court.

Official legal resources

Consult the India Code portal (Government of India) for the Code of Civil Procedure, 1908 and its consolidated text. For procedural rules and notifications, consult the website of the relevant High Court or the applicable official gazette.