Section 135A CPC: Exemption of Legislative Members from Civil Arrest and Detention
Section 135A of the Code of Civil Procedure, 1908 (CPC) protects specified members of Parliament and State or Union territory legislatures against arrest or detention under civil process during defined legislative proceedings. The protection is limited in scope: it does not extinguish civil liability and does not create immunity from criminal proceedings.
Section 135A CPC: Statutory provision
The following reproduces the provision contained in the original page, with spacing standardized for readability.
(1) No person shall be liable to arrest or detention in prison under civil process-
(a) if he is a member of-
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory, during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of-
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State, during the continuance of any meeting of such committee;
(c) if he is a member of-
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).
Meaning of exemption from civil arrest
The expression civil process refers here to legal process for arrest or detention in civil proceedings, rather than arrest under criminal law. Section 135A prevents qualifying civil arrest or detention during the periods stated in the section. It does not bar filing a civil suit, serving permissible notices, hearing a case, passing a decree or pursuing lawful remedies that do not involve prohibited arrest or detention.
The protection is linked to legislative membership and the relevant sitting or meeting. It is not a blanket exemption throughout a legislator's term of office. The statutory conditions must be examined in each case.
Who is protected and when?
1. Meetings of legislative Houses: Section 135A(1)(a)
Members of either House of Parliament, a State Legislative Assembly or Council, or a Union territory Legislative Assembly receive the specified protection during the continuance of a meeting of the relevant House or Assembly.
2. Legislative committee meetings: Section 135A(1)(b)
A member of a committee of the bodies specified in clause (b) is protected during the continuance of that committee's meeting. This clause concerns the period of the committee meeting, not every day on which the person holds committee membership.
3. Joint sittings and related meetings: Section 135A(1)(c)
For the parliamentary or bicameral State legislative proceedings described in clause (c), the provision covers the continuance of the specified joint sitting, meeting, conference or joint committee and 40 days before and 40 days after the relevant event. The 40-day extension is expressly associated with clause (c); it should not automatically be applied to every ordinary sitting or committee meeting under clauses (a) and (b).
Can a person be arrested again after the protected period?
Yes, subject to the statute. Under Section 135A(2), a person released from civil detention because of subsection (1) remains liable to re-arrest and further detention that would otherwise have been lawful, subject to the protection continuing to apply. The section therefore postpones the operation of qualifying civil process; it does not discharge the underlying civil obligation.
Important limits of the protection
- Civil, not criminal: Section 135A concerns arrest or detention under civil process. Criminal arrest is governed by other applicable laws and constitutional protections.
- No immunity from litigation: A civil claim or decree is not cancelled merely because a defendant is a legislator.
- Timing matters: Courts and parties must identify the particular House or committee meeting and the relevant statutory period.
- Other statutory safeguards remain: Civil arrest and detention are subject to the CPC's other applicable restrictions and procedural requirements.
Related CPC provisions and official legal sources
Section 135 CPC deals with exemption from arrest under civil process in specified circumstances. Section 134 CPC applies specified safeguards to arrests under the Code. Section 133 CPC addresses exemption of certain persons from personal appearance, which is a different protection from exemption from civil arrest.
For the authoritative statutory text and amendments, consult the India Code legislative database and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). The Constitution of India provides the broader constitutional framework for legislative privileges. Check any applicable State amendments and current judicial decisions before relying on this provision in a particular proceeding.
Frequently asked questions
Does Section 135A CPC protect an MLA or MP from criminal arrest?
No. This section addresses arrest and detention under civil process; it does not grant general immunity from criminal arrest.
Does the 40-day rule apply to every sitting of Parliament?
No. The 40-day language appears in clause (c) for the joint sittings and related proceedings specified there. Ordinary House and committee meetings are addressed separately in clauses (a) and (b).
Does the exemption cancel a civil debt or decree?
No. The exemption concerns civil arrest or detention during the protected period, not the underlying claim or decree.
Can civil detention resume after the exemption ends?
Section 135A(2) expressly contemplates re-arrest and further detention, subject to subsection (1) and all other applicable legal requirements.
This article explains the central CPC provision for general information. Local amendments, the facts of the proceeding and later binding judgments may affect its application.