CPC 55 — Arrest and detention

Code of Civil Procedure, 1908

Statutory text

(1)  A  judgment-debtor  may  be  arrested  in  execution  of  a  decree  at  any
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may
be  in  the  civil  prison  of  the  district  in  which  the  Court  ordering  the  detention  is  situate,  or,  where  such
civil prison does not afford suitable accommodation, in any other place which the State Government may
appoint for the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be
entered after sunset and before sunrise:
Provided, secondly, that 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 officer authorized to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor
and who according to the customs of the country does not appear in public, the officer authorized to make the
arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to
withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making
the arrest:
Provided,  fourthly,  that,  where  the  decree  in  execution  of  which  a  judgment-debtor  is  arrested,  is  a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of
persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest
in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.

(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought
before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he

[may
be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes
security,  to  the  satisfaction  of  the  Court,  that  he  will  within  one  month  so  apply,  and  that  he  will  appear,
when called upon, in any proceeding upon the application or upon the decree in execution of which he was
arrested, the Court

[may release] him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit him to the civil prison in execution of the decree.

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