Section 58 CPC: Detention and release

Section 58 of Code of Civil Procedure: Detention and release

Official Bare Act Text

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

(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 five thousand rupees, for a period not exceeding three months, and,

(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:

Provided that he shall be released from such detention before the expiration of the said period of detention—

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

(iii) on the request of the person on whose application he has been so detained, or

(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance:

Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.

(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor 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 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.

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

Decree Sec 2(2) Order Sec 2(14) Judgment Sec 2(9) Execution Sec 38

Legal Commentary & Landmark Judgments: Section 58

Section 58 regulates the period of detention and release of a judgment-debtor in civil prison, limiting detention to a maximum of three months and completely barring detention where the decree amount does not exceed two thousand rupees.

Maximum Three-Month Detention [Sec 58(1)(a)]: Where the decree is for the payment of a sum of money exceeding ₹5,000, detention in civil prison cannot exceed 3 months.
Six-Week Detention [Sec 58(1)(b)]: Where the decree is for payment of a sum exceeding ₹2,000 but not exceeding ₹5,000, detention cannot exceed 6 weeks.
Absolute Immunity Below ₹2,000 [Sec 58(1A)]: No order for detention of the judgment-debtor 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 ₹2,000.
Release Grounds & No Re-Arrest [Sec 58(2)]: Debtor released on payment of debt or expiry of term; release does not extinguish the debt, but the debtor cannot be re-arrested under the same decree.

Key Landmark Precedents:

Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360: The Supreme Court authoritatively held that under Section 51 read with Section 58, mere inability to pay due to poverty does not justify civil imprisonment; there must be proof of contumacious refusal or fraudulent disposal of assets with current means to pay, aligning civil detention with Article 21 and the ICCPR.
Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed that civil imprisonment is a coercive remedy of last resort, subject to the strict monetary bars of Section 58(1A).

Courtroom Practice & Strategic Litigation Guidance:

In opposing an arrest application in execution, demonstrate lack of current financial means and absence of bad faith under the *Jolly George Varghese* doctrine; poverty is an absolute constitutional defense to Section 58 detention.

Section 58: Detention and release

Section 58 of Code of Civil Procedure: Detention and release

Legal Commentary & Landmark Judgments: Section 58