Section 59 of The Code of Civil Procedure, 1908
Release on ground of illness.
- (1)At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness.
- (2)Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.
- (3)Where a judgment-debtor has been committed to the civil prison, he may be released therefrom--
- (a)by the State Government, on the ground of the existence of any infectious or contagious disease, or
- (b)by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.
- (4)A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58.
Summary
- A court can cancel an arrest warrant if the person to be arrested is seriously ill.
- If a person has already been arrested but is not healthy enough for jail, the court can release them.
- The State Government has the power to release a prisoner if there is an infectious or contagious disease.
- A committing court can release a prisoner if they are suffering from a serious illness.
- A person released due to illness can be arrested again once they are healthy.
- However, the total time spent in jail for that debt can never exceed the limits set in Section 58.
Practical examples
FAQ
1. Can a sick person be arrested for debt under Section 59 of the Code of Civil Procedure, 1908?
Under Section 59 of the Code of Civil Procedure, 1908, the court has the power to cancel an arrest warrant on the ground of serious illness.
2. Who can release a prisoner with a contagious disease under Section 59 of the Civil Procedure Code?
Under Section 59 of the Civil Procedure Code, the State Government may release a person from civil prison if they have an infectious or contagious disease.
3. If I am released for illness under Section 59 of the 1908 Code, am I free forever?
No, under Section 59 of the 1908 Code, you may be re-arrested once you are healthy, though your total time in jail cannot exceed the limit in Section 58.
4. Does the jail limit change for sick people under Section 59 of the Code of Civil Procedure?
No, under Section 59 of the Code of Civil Procedure, even if someone is released and re-arrested, the total period of detention cannot exceed the maximum time prescribed by Section 58.
Test yourself
1.Under Section 59 of The Code of Civil Procedure, 1908, on what grounds can a court cancel a warrant for arrest?
2.Under Section 59 of The Code of Civil Procedure, 1908, who has the specific power to release a prisoner due to a contagious disease?
3.Under Section 59 of The Code of Civil Procedure, 1908, what happens to the jail time of someone who was released for illness and then re-arrested?
4.Under Section 59 of The Code of Civil Procedure, 1908, if a person owes 10,000 rupees and was in jail for 2 months before getting sick, how much longer can they be held if re-arrested?