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Section 81: Exemption from arrest and personal appearance

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 80 All 158 Sections of Code of Civil Procedure Section 82
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Decree Sec 2(2) Execution Sec 38

Legal Commentary & Landmark Judgments: Section 81

Section 81 provides personal exemptions for public officers in suits instituted against them in respect of acts purporting to be done in their official capacity, exempting them from personal arrest and attachment of property before decree.

  • Immunity from Arrest and Attachment: In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity, he shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree.
  • Exemption from Personal Appearance: The court shall exempt him from appearing in person where it is satisfied that he cannot absent himself from his duty without detriment to the public service.
  • Official Protection Rationale: Prevents harassment of public servants during the pendency of civil trials.
Key Landmark Precedents:
  • State of Maharashtra v. Labour Law Practitioners' Association, (1998) 2 SCC 688: The Supreme Court noted that Section 81 protects public servants in the bona fide discharge of official duty from interlocutory harassment.
  • Common Cause v. Union of India, (2018) 5 SCC 1: Affirmed that public officer exemptions under Section 81 balance public service demands with judicial accountability.
Courtroom Practice & Strategic Litigation Guidance:

Do not file an application for attachment before judgment under Order 38 against a public officer's personal property; Section 81 creates an absolute statutory bar prior to final decree.

Section 80 All 158 Sections of Code of Civil Procedure Section 82