Section 58 CPC: Detention and release

Section 58: Detention and release

(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:]

Provided that he shall be released from such detention before the expiration of the ⁴[said period of detention] —

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

(iii) on the request of the person on whose application he has been so detained, or

(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance:

Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.

⁵[(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor 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 ⁶[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.

Footnotes in the official text

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., for clause (b) (w.e.f. 1-7-2002).
4.Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
5.Ins. by s. 22, ibid. (w.e.f. 1-2-1977).
6.Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).

Questions on this section

3 questions in 16 of our papers cite Section 58. Try these from the free papers:

1. Match List I (provision of the BNSS) with List II (period) and select the correct code: List I A. Latest date for payment of the first instalment of a fine where the Court orders payment in instalments (Section 464(1)(a)) B. Period for which an order for disposal of property at the conclusion of a trial is not carried out, where no bond is executed, the property is not livestock or perishable, and no appeal is presented (Section 498(4)) C. Period within which claimants must establish their claim to seized property under a proclamation issued by the Magistrate (Section 503(2)) D. Period after removal to a criminal jail on the lapse of which a civil prisoner is deemed released from the civil jail (Section 457(3)(a)) List II 1. Six months 2. Two months 3. Three years 4. Not more than thirty days from the date of the order