Section 62 of The Code of Civil Procedure, 1908
Seizure of property in dwelling-house.
- (I)No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
- (2)No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
- (3)Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
Summary
- Prohibits court officers from entering a house at night to take property.
- Restricts breaking open outer doors unless the debtor is inside and refuses entry.
- Allows breaking inner doors once the officer has legally entered the house.
- Protects the privacy of women who do not appear in public.
- Requires giving women notice and time to leave a room before entry.
Practical examples
FAQ
1. Can a house be entered at midnight under Section 62 of the 1908 Civil Code?
No, Section 62 of the 1908 Civil Code forbids entering any dwelling-house after sunset and before sunrise.
2. When is it legal to break an outer door under Section 62 of The Code of Civil Procedure, 1908?
Under Section 62 of The Code of Civil Procedure, 1908, an outer door can only be broken if the house is occupied by the debtor and they refuse to allow access.
3. How does Section 62 of the Civil Procedure Code protect women in their homes?
Section 62 of the Civil Procedure Code requires officers to give notice and time to withdraw to any woman who does not appear in public before they enter her room.
Test yourself
1.Under Section 62 of The Code of Civil Procedure, 1908, when is entry into a dwelling-house banned?
2.Under Section 62 of The Code of Civil Procedure, 1908, once an officer has legally entered a house, what may they break?
3.Under Section 62 of The Code of Civil Procedure, 1908, what must be allowed for a woman who does not appear in public?
4.Under Section 62 and Section 60 of The Code of Civil Procedure, 1908, if an officer enters a house legally to take property, can they seize the debtor's cooking pots?