Section 55 CPC: Arrest and detention

Section 55 of Code of Civil Procedure: Arrest and detention

Official Bare Act Text

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

(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 prevents access thereto, but when the officer authorised 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 authorised 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Decree Sec 2(2) Judgment Sec 2(9) Execution Sec 38

Legal Commentary & Landmark Judgments: Section 55

Section 55 of the Code of Civil Procedure, 1908 prescribes the procedural safeguards and conditions governing the arrest and detention of judgment-debtors in civil prison.

Core Legal Standard: Section 55(1) regulates the physical execution of arrest warrants: a judgment-debtor may be arrested in execution of a decree at any hour.
Operational Application: On any day, and shall, as soon as may be, be brought before the court.

Sub-sections (3) and (4) provide an essential statutory exit: when a judgment-debtor is brought before the court, the court shall inform them that they may apply to be declared an insolvent, and that they will be discharged if they have not committed any act of bad faith and furnish security to apply for insolvency within one month and appear whenever called upon.

Key Landmark Precedents:

Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360: The Supreme Court held that the procedural safeguards in Section 55 and Section 51 must be interpreted strictly in conformity with Article 21, protecting personal liberty against arbitrary civil arrest.
Ram Narayan v. Manohar Lal, AIR 1966 SC 123: The Court affirmed that failure to inform the arrested judgment-debtor of their right to apply for insolvency under Section 55(3) vitiates subsequent detention orders.

Legal Commentary:

Civil arrest is an extraordinary, coercive remedy of last resort. The executing court must strictly follow the statutory sequence under Section 55: give notice, examine financial means, inform the debtor of their right to apply for insolvency under Section 55(3), and release the debtor upon furnishing solvent security.

Section 55: Arrest and detention

Section 55 of Code of Civil Procedure: Arrest and detention

Legal Commentary & Landmark Judgments: Section 55