SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITYCentral
Section 81 of The Code of Civil Procedure, 1908
Exemption from arrest and personal appearance.
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—
- (a)the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,
- (b)where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person..
Summary
- Public officers cannot be arrested while being sued for things they did as part of their official job.
- Their personal property cannot be attached, which means frozen or seized by the court, unless it is to pay off a final judgment.
- If an officer's presence at work is essential for public service, the court can excuse them from showing up in person.
- These protections only apply to suits about their official duties, not personal matters.
Practical examples
1A police officer is sued for a decision he made during a protest. The court cannot arrest him or freeze his bank account while the trial is still going on.
2An environmental inspector is called to court during an emergency. The judge agrees he is needed at his post and allows him to skip the hearing.
FAQ
1. Is a public officer exempt from arrest under Section 81 of The Code of Civil Procedure, 1908?
Yes, Section 81 of The Code of Civil Procedure, 1908, states that an officer cannot be arrested in a suit regarding their official acts.
2. Can a court seize an officer's house before a trial ends under Section 81 of the Civil Procedure Code?
No, Section 81 of the Civil Procedure Code prohibits attaching an officer's property except to execute a final decree.
3. How does a public officer get excused from appearing in court under Section 81 of the 1908 Code?
Under Section 81 of the 1908 Code, the court will excuse the officer if it is satisfied they cannot leave their duty without hurting the public service.
Test yourself
1.Under Section 81 of The Code of Civil Procedure, 1908, when can a public officer's property be attached?