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Section 132 of The Code of Civil Procedure, 1908

Exemption of certain women from personal appearance.

(1)Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.
(2)Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.

Summary

Women who are socially prohibited from appearing in public are exempt from coming to court in person.
This exemption is based on the traditional customs and manners of the country.
However, this rule does not stop such women from being arrested during a civil case.
The power to arrest them still exists unless another part of the law specifically forbids it.
The section balances personal court attendance with the general rules for civil arrest.

Practical examples

1Mrs. Kapoor belongs to a family where women, by long-standing social custom, never appear in public gatherings. When she is named as a defendant in a property dispute, her lawyer cites Section 132 of the Code of Civil Procedure, 1908, to ensure she does not have to attend the court hearings in person.

2A woman who is exempt from appearing in court under Section 132 of the Civil Procedure Code is found to have ignored a debt repayment order. Even though she does not have to walk into the courtroom, the court officer informs her that Section 132 does not protect her from civil arrest if the law allows it for her specific situation.

FAQ

1. Are all women exempt from appearing in court under Section 132 of the Code of Civil Procedure, 1908?

No, Section 132 of the Code of Civil Procedure, 1908, only exempts women who, according to the customs and manners of the country, ought not to be compelled to appear in public.

2. Does Section 132 of the Code of Civil Procedure, 1908, protect a woman from being arrested?

No, Section 132 of the Code of Civil Procedure, 1908, explicitly states that it does not exempt such women from arrest in execution of civil process, unless the arrest itself is prohibited by the Code.

3. On what basis is the exemption in Section 132 of the Code of Civil Procedure, 1908, granted?

The exemption under Section 132 of the Code of Civil Procedure, 1908, is granted based on the customs and manners of the country regarding public appearance.

Test yourself

1.Under Section 132 of the Code of Civil Procedure, 1908, which women are entitled to an exemption from personal appearance in Court?

2.Does the exemption from personal appearance under Section 132 of the Code of Civil Procedure, 1908, also provide an exemption from civil arrest?

3.Under Section 132 of the Code of Civil Procedure, 1908, a woman is exempt from personal appearance based on what specific standard?

4.What is the only circumstance where Section 132 of the Code of Civil Procedure, 1908, would prevent the arrest of a woman?

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