Section 62 CPC: Seizure of Property in a Dwelling-House
Section 62 of the Code of Civil Procedure, 1908 (CPC) regulates how officers executing court process may enter a dwelling-house to seize movable property. It restricts night-time entry, controls the breaking of doors and protects the privacy of women occupying certain rooms.
Text and meaning of Section 62 CPC
Section 62(1): No entry between sunset and sunrise
No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
Section 62(2): Restrictions on breaking open doors
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 person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
Section 62(3): Safeguard for a woman occupying a room
Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
Important legal terms explained
Dwelling-house: A house or residential premises used for habitation. Section 62 regulates entry into such premises for seizure of movable property.
Judgment-debtor: Under Section 2(10) CPC, a person against whom a decree has been passed or an order capable of execution has been made.
Movable property: Property capable of being moved, as distinct from immovable property. Section 62 concerns process directing or authorizing its seizure.
Execution of a decree: The legal procedure by which a court's decree is enforced, subject to the CPC and applicable rules.
How Section 62 operates during attachment
1. Entry during permitted hours
An executing officer cannot enter a dwelling-house for the seizure of movable property after sunset or before sunrise. The restriction is on entry under the process described in Section 62(1).
2. Outer doors cannot ordinarily be broken
Breaking open an outer door is permitted only where the dwelling-house is occupied by the judgment-debtor and the judgment-debtor refuses or otherwise prevents access. The statutory conditions matter even when an execution process has been issued.
3. Interior doors may be opened after lawful entry
Once lawful access has been obtained, the executing officer may break open the door of a room if there is reason to believe the movable property sought is inside. The special protection in subsection (3) must still be respected.
4. Privacy and withdrawal safeguards
Where the conditions in Section 62(3) apply, the officer must give the woman notice, reasonable time and reasonable facilities to withdraw before entering. The officer may also take precautions to prevent clandestine removal of property, consistently with the statutory safeguards.
Related CPC provisions
- Section 60: Identifies property liable to attachment and sale in execution and specifies exemptions.
- Section 61: Allows notified partial exemption of agricultural produce.
- Section 63: Addresses property attached in execution of decrees of several courts.
- Section 64: Addresses private transfers or delivery of attached property.
- Order XXI CPC: Contains procedural rules governing execution of decrees, including attachment of movable property.
Frequently asked questions
Can an officer enter a dwelling-house at night to seize movable property?
No. Section 62(1) prohibits entry after sunset and before sunrise by a person executing process under the CPC directing or authorizing seizure of movable property.
Can the officer break open the main door?
Only under the conditions stated in Section 62(2): the house must be occupied by the judgment-debtor, who refuses or prevents access. Different rules apply to an interior room after lawful entry.
Does Section 62 make all property inside a home exempt from attachment?
No. Section 62 governs the manner of entry and seizure. Whether property is attachable or exempt is determined by other applicable provisions, particularly Section 60 CPC.
Official statutory source
Read the Code of Civil Procedure, 1908 on India Code (official legislative text). The application of procedural provisions may also depend on applicable amendments, court rules and judicial decisions.
This article provides general legal information and is not a substitute for advice on the facts of a particular execution proceeding.