Section 57 CPC: Subsistence Allowance for Judgment-Debtors

Section 57 of the Code of Civil Procedure, 1908 (CPC) authorises State Governments to prescribe monthly subsistence allowance scales for judgment-debtors detained in civil prison during execution proceedings. Order XXI Rule 39 explains how the allowance is fixed and paid.

Text of Section 57 CPC - Subsistence-allowance

The historical statutory wording above is reproduced as published in the central CPC text. Its references to rank, race and nationality are part of the provision's wording, not an endorsement of differential treatment. Application is subject to constitutional requirements and applicable rules.

Meaning and purpose of Section 57

A judgment-debtor is a person against whom a decree has been passed or an order capable of execution has been made. A decree-holder is a person in whose favour a decree has been passed or an executable order has been made (see Section 2 of the CPC).

Subsistence allowance is the amount provided for the basic maintenance of a judgment-debtor during arrest and detention in a civil prison in execution of a decree. Section 57 empowers the State Government to fix scales; it does not itself specify a uniform rupee amount for all of India. The amount and applicable procedural rules must be checked for the relevant State and court.

Order XXI Rule 39 CPC: How the allowance is paid

Order XXI Rule 39, titled Subsistence allowance, gives practical effect to Section 57:

• Before arrest: The decree-holder must deposit in court an amount the judge considers sufficient for the judgment-debtor's maintenance from arrest until production before the court.
• On committal to civil prison: The court fixes a monthly allowance using the scales prescribed under Section 57, if any. If none exist, the court fixes an amount it considers sufficient under the rule.
• Advance payments: The party on whose application the arrest was made must pay the monthly allowance in advance, before the first day of each month.
• Where payments go: The initial payment for the remaining part of the month is made to the proper court officer; subsequent payments go to the officer in charge of the civil prison.
• Costs: Subsistence payments made by the decree-holder are treated as costs in the suit, but the judgment-debtor cannot be arrested or detained for those sums alone.

What happens if the allowance is not paid?

Under Section 58(1), first proviso, clause (iv), a person detained in civil prison in execution of a decree must be released before the prescribed detention period expires if the person on whose application the detention occurred fails to pay the subsistence allowance. Release from detention does not, by itself, extinguish the underlying decree debt (Section 58(2)).

Other safeguards governing civil detention

Section 57 must be read with Section 51 CPC, which regulates execution of decrees, including arrest and detention subject to statutory safeguards. Section 55 concerns arrest and detention of judgment-debtors. Section 56 prohibits arrest or detention of women in civil prison in execution of decrees for payment of money. Section 59 addresses release on grounds of illness. Order XXI Rules 37 to 40 provide procedures for notice, arrest, subsistence and hearing.

The availability of arrest and detention depends on the type of decree, statutory conditions and judicial findings; a money decree does not automatically justify imprisonment merely because it remains unpaid.

Illustrative example

Suppose a court orders civil detention in execution of a qualifying money decree. Before the judgment-debtor is arrested, the decree-holder must deposit the sum directed by the judge for maintenance until court production. If detention is ordered, the court determines the monthly allowance under the applicable State scale or Order XXI Rule 39. Failure by the responsible applicant to maintain the required payments triggers the release provision in Section 58(1).

Official legal references

• India Code - Code of Civil Procedure, 1908 (official statutory PDF), including Sections 2, 51, 55 to 59 and Order XXI Rule 39.
• India Code - CPC consolidated Act and First Schedule.

Legal information updated 11 October 2026. State amendments, High Court rules and subsequent notifications may affect local application. This article provides general legal information, not advice for an individual case.