Logo
Court Book - India Code App - Play Store

advertisement

Section 58

Detention and Release.

The Code of Civil Procedure, 1908
(1) Every person detained in the civil prison in execution of a decree shall be so detained,

(a) where the decree is for the payment of a sum of money exceeding 1 [2 [five thousand rupees], for a period not exceeding three months, and,]

3[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.]


4(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 [two thousand rupees.]

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.


1. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).

2. Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).

3. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).

4. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).

5. Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).