Section 58

Detention and release

Part Ii — Execution

(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] — prison, or 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.

Amendment 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., 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).