Section 58
Detention and release.
The Code of Civil Procedure, 1908
About this Act
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
(1) Every person detained in the civil prison in execution of a decree
shall be so detained,
(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.
(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.
Notes
1. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).
3. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
5. Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).
2. Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).
3. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
5. Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).