Civil Procedure Code - Arrest and Detention of Person for Execution of Decree

Arrest and detention is one of the mode in which decree can be executed.

When judgment debtor is unable to satisfy the decree, and decree holder is angry then decree holder can file for arrest of judgment debtor.

Section 55 to 59 and Order 21(Rule 37 to 40) deals with arrest and detention.

Section 55-Arrest and detention

Section 55 provides some details about when person can be detained, can his house be broken for his arrest, what if there is pardanashin woman in judgment debtors house etc.

If judgment debtor agrees to pay money to warrant executing officer, no arrest should be made. Also his dwelling house should not be broken unless he refuses access to executing officer.

 Section 55 in nutshell talks about below things:

Section 58- Detention and Release

For what period person can be detained in civil prison? Does release discharge the liability of judgment debtor ? Can judgment debtor be re-arrested after release? When person can be release after detention ?

These questions are answered in Section 58.

Also small Section 56 bars woman to be arrested for decree for payment of money.

Summary of Section 56, 58:

Section 59- Release on ground of illness

Judgment debtor cannot be arrested on ground of illness, or if arrested can be released on ground of illness. Section 59 talks about when person cannot be arrested, or if arrested when he can be release on ground of illness. Also it provides who can release the arrested person.

Below is the summary:

Procedure relating to arrest and detention

Order 21 (Rule 37 to 40) provides the way on how the attention can be carried out.

First, notice to judgment debtor should be issue before issuing any warrant of arrest.

Second, if person doesn't reply to notice, then warrant can be issued. Also it is necessary for arresting officer to produce judgment debtor in Court at the earliest.

Third, When judgment debtor is in detention, he should be paid subsistence allowance. That has to be paid by decree holder. you have to pay money to judgment debtor.!! Unless decree holder deposits money with court subsistence allowance.

Fourth, once judgment debtor appears in response of notice, or after arrest further proceedings can be carried out.

This can be summarized as:

That's an overview about arrest and detention under Civil Procedure Code while executing decree.

Legalfundaa

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