Section 135A of The Code of Civil Procedure, 1908
Exemption of members of legislative bodies from arrest and detention under civil process.
1[135A. Exemption of members of legislative bodies from arrest and detention under civil process-- 2[(1) No person shall be liable to arrest or detention in prison under civil process--
- (a)if he is a member of--
- (i)either House of Parliament, or
- (ii)the Legislative Assembly or Legislative Council of a State, or
- (iii)a Legislative Assembly of a Union territory, during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
- (b)if he is a member of any committee of--
- (i)either House of Parliament, or
- (ii)the Legislative Assembly of a State or Union territory, or
- (iii)the Legislative Council of a State, during the continuance of any meeting of such committee;
- (c)if he is a member of--
- (i)either House of Parliament, or
- (ii)a Legislative Assembly or Legislative Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.]
- (2)A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).]
Summary
- This part of the law protects members of legislative bodies from being arrested or kept in jail for civil matters.
- Lawmakers are safe from civil arrest while their legislative house or committee is in session.
- This protection also covers a period of forty days before a session begins and forty days after it ends.
- It specifically applies to members of either House of Parliament, State Legislative Assemblies or Councils, and Union Territory Assemblies.
- If a person is released from jail because of this rule, they can be arrested again later after the protected time period ends.
Practical examples
FAQ
1. Can an MP be arrested for a civil debt during a session under Section 135A of The Code of Civil Procedure, 1908?
No, under Section 135A of the Act, members of Parliament are exempt from arrest or detention under civil process during a session and for forty days before and after.
2. Does the protection in Section 135A of the Civil Procedure Code apply to committee meetings?
Yes, Section 135A of the Code provides that members are exempt during any meeting of a committee of their legislative body and for forty days surrounding it.
3. What happens if a lawmaker is released from detention under Section 135A of the 1908 Code?
According to Section 135A of the Act, once the protected period expires, the person is liable to be re-arrested or further detained as if they had never been released.
4. Which legislative bodies are covered by Section 135A of the Code of Civil Procedure, 1908?
Section 135A of the Code covers both Houses of Parliament, State Legislative Assemblies, State Legislative Councils, and Union Territory Legislative Assemblies.
Test yourself
1.Under Section 135A of The Code of Civil Procedure, 1908, how many days before a session starts is a member exempt from civil arrest?
2.Which type of legal process does Section 135A of The Code of Civil Procedure, 1908, provide protection against?
3.Under Section 135A of The Code of Civil Procedure, 1908, what is the consequence for a lawmaker whose protected period ends?
4.If a lawmaker is a member of the Legislative Assembly of a Union territory, does Section 135A of The Code of Civil Procedure, 1908, apply?