Section 55 of The Code of Civil Procedure, 1908 in hindi
- (1)A judgment-debtor may be arrested in execution of a decree at, any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained: Provided, firstly that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise: Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwellinghouse is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found: Provided, thirdly that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest: Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
- (2)The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.
- (3)Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he 1 [may be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.
- (4)Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court 2 [may release] him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit him to the civil prison in execution of the decree.
Summary
- A person who owes money by court order can be arrested at any time on any day to carry out the court decision.
- The officer must bring the arrested person to the court as soon as possible.
- Officers cannot enter a private home for arrest after the sun has set or before it has risen.
- An officer can only break open an outer door if the person to be arrested is inside and refuses to let them in.
- If a room is occupied by a woman who does not appear in public, the officer must give her notice and time to leave before entering.
- If the arrest is for a money debt, the person must be released immediately if they pay the full amount and arrest costs to the officer.
Practical examples
FAQ
1. Can a debtor be arrested on a Sunday under Section 55 of the Code of Civil Procedure, 1908?
Yes, under Section 55 of the Code of Civil Procedure, 1908, a person who owes money under a court order can be arrested at any hour and on any day.
2. What happens if I pay the officer during the arrest under Section 55 of the Civil Procedure Code?
Under Section 55 of the Civil Procedure Code, if the decree is for payment of money and you pay the full amount plus the costs of the arrest to the officer, you must be released at once.
3. Does a court officer have the right to break my front door under Section 55 of the 1908 Code?
Under Section 55 of the 1908 Code, an officer can only break the outer door if the person to be arrested is inside and prevents the officer from entering.
4. What does the court tell a debtor about insolvency under Section 55 of the Code of Civil Procedure?
Under Section 55 of the Code of Civil Procedure, the court must inform an arrested debtor that they can apply to be declared insolvent, which means being legally declared unable to pay debts.
Test yourself
Q1.Under Section 55 of The Code of Civil Procedure, 1908, which of these is a rule regarding entering a dwelling-house for arrest?
Q2.Under Section 55 of The Code of Civil Procedure, 1908, what is required if an officer needs to enter a room occupied by a woman who follows customs of not appearing in public?
Q3.Under Section 55 of The Code of Civil Procedure, 1908, what happens if an arrested person expresses an intention to apply for insolvency and provides security?
Q4.Under Section 55 of The Code of Civil Procedure, 1908, where is a person usually detained after arrest?