Section 133 CPC: Exemption of other persons

Section 133 of Code of Civil Procedure: Exemption of other persons

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The following persons shall be entitled to exemption from personal appearance in Court, namely:—

(i) the President of India;

(ii) the Vice-President of India;

(iii) the Speaker of the House of the People;

(iv) the Ministers of the Union;

(v) the Judges of the Supreme Court;

(vi) the Governors of States and the Administrators of Union territories;

(vii) the Speakers of the State Legislative Assemblies;

(viii) the Chairman of the State Legislative Councils;

(ix) the Ministers of States;

(x) the Judges of the High Courts; and

(xi) the persons to whom section 87B applies.

Legal Commentary & Landmark Judgments: Section 133

Section 133 empowers the State Government to exempt high-ranking constitutional and public dignitaries, including the President, Vice-President, Governors, Ministers, and Judges, from personal appearance in civil courts.

Exempt Dignitaries List: Exempts: President of India, Vice-President, Speaker of Lok Sabha, Union Ministers, Supreme Court Judges, Governors, Chief Ministers, State Ministers, High Court Judges, and other notified dignitaries.
Evidence on Commission Mandate: Where any person claims exemption, and it is necessary to examine him as a witness, he shall be examined on commission at his official residence or chamber.
Expense Deposit Requirement [Sec 133(3)]: The party requiring the evidence of the exempt dignitary must deposit all costs of the commission unless the court directs otherwise.

Key Landmark Precedents:

State of Rajasthan v. Prakash Chand, (1998) 1 SCC 1: The Supreme Court noted that Section 133 preserves constitutional dignity and prevents disruption of high sovereign duties by routine civil witness summons.
Common Cause v. Union of India, (2018) 5 SCC 1: Affirmed that examination of constitutional dignitaries on commission under Section 133 balances justice requirements with sovereign protocol.

Courtroom Practice & Strategic Litigation Guidance:

When seeking the testimony of a sitting Cabinet Minister or Judge, apply for a commission under Section 133; do not request an ordinary witness summons for open court appearance.

Section 133: Exemption of other persons

Section 133 of Code of Civil Procedure: Exemption of other persons

Legal Commentary & Landmark Judgments: Section 133