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Section 133 of The Code of Civil Procedure, 1908

Exemption of other persons.

1[(1)The following persons shall be entitled to exemption from personal appearance in Court, namely:-- (i) the President of India;

(ii)the Vice-President of India;
(iii)the Speaker of the House of the People;
(iv)the Ministers of the Union;
(v)the Judges of the Supreme Court;
(vi)the Governors of States and the administrators of Union territories;
(vii)the Speakers of the State Legislative Assemblies;
(viii)the Chairman of the State Legislative Councils;
(ix)the Ministers of States;
(x)the Judges of the High Courts; and
(xi)the persons to whom section 87B applies.] 2* * * * * (3)Where any person 3*** claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.

Summary

A specific list of high-ranking officials and dignitaries are exempt from having to appear in court in person.
This list includes the President of India, Vice-President, and the Speaker of the House of the People.
Other exempt persons include Union and State Ministers, Supreme Court and High Court Judges, and Governors.
If an exempt person must give evidence, they are examined by a commission instead of coming to court.
The person claiming the exemption must usually pay the costs of that commission unless the other party needs their evidence and pays for it.

Practical examples

1The Governor of a State is called as a witness in a civil contract case. Instead of traveling to the court-house, the Governor claims the privilege under Section 133 of the Code of Civil Procedure, 1908. A commission is appointed to take the Governor's statement at their office, and the Governor pays the commission's fees as per the rules.

2A Union Minister is required to provide testimony in a business dispute. Since Section 133 of the Civil Procedure Code allows it, the Minister chooses not to appear in court. However, the plaintiff who needs the testimony agrees to pay for the commission because they believe the Minister's evidence is vital to winning the case.

FAQ

1. Who is on the list of people exempt from court under Section 133 of the Code of Civil Procedure, 1908?

Section 133 of the Code of Civil Procedure, 1908, lists several dignitaries, including the President, Vice-President, Speaker of the House, Union and State Ministers, and Judges of the Supreme Court and High Courts.

2. Who pays for the commission when someone is exempt under Section 133 of the Code of Civil Procedure, 1908?

Under Section 133 of the Code of Civil Procedure, 1908, the person claiming the exemption pays the costs, unless the party requiring their evidence pays those costs.

3. Are High Court Judges exempt from appearing in person under Section 133 of the Code of Civil Procedure, 1908?

Yes, Judges of the High Courts are specifically included in the list of exempt persons under Section 133 of the Code of Civil Procedure, 1908.

Test yourself

1.Which of the following officials is NOT specifically listed as exempt from personal appearance under Section 133 of the Code of Civil Procedure, 1908?

2.Under Section 133 of the Code of Civil Procedure, 1908, how is evidence typically taken from an exempt person?

3.According to Section 133 of the Code of Civil Procedure, 1908, who is responsible for the costs of a commission for an exempt person?

4.Which judicial officers are listed as exempt from appearing in person under Section 133 of the Code of Civil Procedure, 1908?

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