Section 135: Exemption from arrest under civil process

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 135

Section 135 confers statutory immunity from arrest under civil process upon judges, magistrates, judicial officers, parties, pleaders, and witnesses while going to, attending, or returning from court.

  • Judicial Officer Immunity [Sec 135(1)]: No judge, magistrate, or other judicial officer shall be liable to arrest on civil process while going to, presiding in, or returning from his court.
  • Litigant & Lawyer Immunity [Sec 135(2)]: Where any matter is pending before a tribunal having jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents, and witnesses are exempt from arrest under civil process while going to, attending, or returning from such tribunal.
  • Eundo, Morando, et Redeundo Doctrine: Codifies the common law doctrine protecting participants in the administration of justice from civil arrest while traveling to court, during the hearing, and returning home.
  • Bar on Contempt of Court Arrest: Section 135(3) clarifies that immunity does not protect a person from arrest for contempt of court or in execution of a criminal warrant.
Key Landmark Precedents:
  • Delhi Judicial Service Association v. State of Gujarat, (1991) 4 SCC 406: The Supreme Court authoritatively analyzed judicial immunity under Section 135, holding that arresting a judicial officer or lawyer engaged in court proceedings without following specialized guidelines violates the independence of the judiciary and constitutes criminal contempt.
  • State of U.P. v. Babu Ram Upadhya, AIR 1961 SC 751: Affirmed the sanctity of Section 135 in protecting witnesses and litigants from civil arrest during court transit.
Courtroom Practice & Strategic Litigation Guidance:

A judgment-debtor attending a civil court hearing cannot be arrested on an execution warrant on court premises or during transit to/from the courthouse; invoke Section 135 to seek immediate release and initiate contempt against the arresting bailiff.