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Section 135 of The Code of Civil Procedure, 1908

Exemption from arrest under civil process.

(1)No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.
(2)Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3)Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

Summary

Judges, Magistrates, and judicial officers are exempt from civil arrest while performing their duties.
This protection covers them while they are going to, presiding in, or returning from their Court.
Parties to a case, their lawyers (pleaders), and witnesses are also exempt from civil arrest while attending a tribunal.
This exemption for participants includes time spent traveling to and from the tribunal.
The protection does not apply to a judgment-debtor who is attending court to explain why they should not be jailed.
This section only prevents arrest under "civil process," not criminal matters.

Practical examples

1While Mr. Sharma, a witness, is walking back to his car after testifying in a civil suit, a bailiff tries to arrest him for an unrelated unpaid civil debt. Mr. Sharma successfully claims exemption under Section 135 of the Code of Civil Procedure, 1908, because he is currently returning from his role as a witness.

2A Magistrate is traveling to the district court to preside over the day's cases. A private debt collector attempts to have the Magistrate detained for a civil matter. Under Section 135 of the Civil Procedure Code, the Magistrate cannot be arrested while on the way to their Court.

FAQ

1. Who is protected from civil arrest while traveling to court under Section 135 of the Code of Civil Procedure, 1908?

Under Section 135 of the Code of Civil Procedure, 1908, Judges, Magistrates, parties to a suit, their pleaders, and witnesses are all protected while going to or returning from court.

2. Can a judgment-debtor avoid arrest under Section 135 of the Code of Civil Procedure, 1908?

No, Section 135 of the Code of Civil Procedure, 1908, says the protection does not apply to a judgment-debtor attending to show cause why he should not be committed to prison.

3. Does Section 135 of the Code of Civil Procedure, 1908, prevent arrest for a criminal crime?

No, Section 135 of the Code of Civil Procedure, 1908, specifically provides exemption from arrest only under "civil process."

Test yourself

1.Under Section 135 of the Code of Civil Procedure, 1908, when is a Judge exempt from arrest under civil process?

2.Which group of people is NOT listed as exempt from civil arrest under Section 135 of the Code of Civil Procedure, 1908, while attending a tribunal?

3.According to Section 135 of the Code of Civil Procedure, 1908, what is an exception to the exemption from arrest for a judgment-debtor?

4.Under Section 135 of the Code of Civil Procedure, 1908, the exemption applies specifically to which type of legal action?

134PreviousSection 134 Arrest other than in execution of decree.135ANextSection 135A Exemption of members of legislative bodies from arrest and detention under civil process.

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