ARREST AND DETENTIONCentral

Section 58 of The Code of Civil Procedure, 1908

Detention and release.

(1)Every person detained in the civil prison in execution of a decree shall be so detained,
1. (a)where the decree is for the payment of a sum of money exceeding 1 [2 [five thousand rupees], for a period not exceeding three months, and,] 3[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.] 4(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 [two thousand rupees.]
(2)A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

Summary

Jail time for debt is limited based on how much money is owed.
A person must be released early if they pay the debt or if the creditor fails to pay the subsistence allowance.
Once released from prison, a person cannot be arrested again for that same debt.

Practical examples

1Arjun owes 10,000 rupees. He is sent to civil prison, but he cannot be kept there for more than three months under the law.

2Meera owes 1,500 rupees to a shop. Even though she has not paid, the court cannot order her to be jailed because the amount is below the minimum limit.

3Suresh is in jail for a debt of 4,000 rupees. After three weeks, the person he owes money to stops paying the daily food allowance to the jail. Suresh must be released immediately.

FAQ

1. Does being released from jail cancel my debt under Section 58 of the 1908 Code?

No, under Section 58 of the 1908 Code, a person released from detention is not discharged from their debt, though they cannot be arrested again for that same debt.

2. When must a prisoner be released under Section 58 of the Code of Civil Procedure?

Under Section 58 of the Code of Civil Procedure, a prisoner must be released if the warrant amount is paid, the decree is fully satisfied, the creditor requests release, or the creditor fails to pay the subsistence allowance.

Test yourself

1.Under Section 58 of The Code of Civil Procedure, 1908, if a man owes 3,500 rupees, what is his maximum possible stay in civil prison?

2.Under Section 58 of The Code of Civil Procedure, 1908, what is the impact of a person being released from civil prison?

3.Under Section 58 of The Code of Civil Procedure, 1908, at what debt amount does jail time become impossible?

4.Under Section 58 and Section 57 of The Code of Civil Procedure, 1908, what happens if the creditor fails to pay the food allowance?

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