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Section 134: Arrest other than in execution of decree

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 133 All 158 Sections of Code of Civil Procedure Section 135

Legal Commentary & Landmark Judgments: Section 134

Section 134 provides that the statutory arrest rules in Sections 55, 57, and 59 shall apply to all arrests made under any provisions of the CPC other than in execution of a decree.

  • Arrest Integration Across CPC: The provisions of Sections 55 (arrest procedure), 57 (subsistence allowance), and 59 (release on illness) shall apply to any arrest made by the order of a court under any provision of this Code other than an arrest in execution of a decree.
  • Application to Arrest Before Judgment: Governs warrants issued under Order 38 Rule 1 (arrest before judgment) and Section 32 (arrest of defaulting witnesses).
  • Human Dignity Protections: Ensures that no person arrested civilly is detained at night or without subsistence payment.
Key Landmark Precedents:
  • Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360: The Supreme Court affirmed that constitutional and statutory safeguards apply to all civil arrests via Section 134.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: Noted the humane procedural limits extended by Section 134.
Courtroom Practice & Strategic Litigation Guidance:

When applying for arrest before judgment under Order 38 Rule 1, ensure you deposit the requisite Section 57 subsistence allowance pursuant to Section 134 to validate the warrant.

Section 133 All 158 Sections of Code of Civil Procedure Section 135