Code
Section 135. Exemption from arrest under civil process.—
(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognised agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process, other than process issued by such tribunal for contempt of Court, while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.
Explanation of Section 135 CPC
Section 135 of the Code of Civil Procedure, 1908 provides temporary protection from arrest under civil process to certain persons who are participating in judicial proceedings. The law recognizes that courts can function effectively only when judges, litigants, legal representatives, and witnesses are able to attend proceedings without fear of being arrested in unrelated civil matters.
This protection is available only for a limited period. It applies while the protected person is travelling to the court or tribunal, attending the proceedings, and returning after the proceedings conclude. The exemption does not permanently shield anyone from civil liability or legal action.
Protection for Judges and Judicial Officers
Section 135(1) protects judges, magistrates, and other judicial officers from arrest under civil process while they are performing their judicial duties. The protection begins when they leave for court, continues while they preside over proceedings, and remains available until they return.
This safeguard preserves the independence of the judiciary and ensures that judicial work is carried out without unnecessary interruption.
Protection for Litigants, Advocates, Agents, and Witnesses
Sub-section (2) extends similar protection to individuals directly involved in court proceedings. These include parties to the case, their advocates or pleaders, recognised agents, revenue agents, and witnesses who appear before the tribunal in compliance with a summons.
The exemption applies only while these individuals are travelling to the tribunal, attending the proceedings, or returning after the hearing. If the tribunal itself initiates action for contempt of court, this protection does not apply.
Exception for Judgment-Debtors
Section 135 does not allow a judgment-debtor to misuse this protection.
If a court has ordered immediate execution of a decree or has directed the judgment-debtor to appear and explain why he should not be committed to civil prison, the exemption from arrest is unavailable. This ensures that decree-holders can effectively enforce lawful court orders.
Purpose of Section 135 CPC
The primary purpose of Section 135 CPC is to promote the smooth administration of justice by ensuring that participants in judicial proceedings can attend court freely and without intimidation through civil arrest.
The provision also protects the dignity and independence of the judiciary while balancing the legitimate rights of decree-holders during execution proceedings.
Importance of Section 135 CPC
Section 135 CPC is an important procedural safeguard because it prevents unnecessary disruption of judicial proceedings. Without this protection, parties, advocates, or witnesses might avoid attending court due to the risk of civil arrest.
At the same time, the section prevents abuse by denying the exemption to judgment-debtors who are subject to immediate execution proceedings. This balanced approach strengthens both judicial efficiency and the enforcement of civil decrees.
Illustration
Suppose a witness receives a court summons to testify in a civil suit. While travelling to the court, giving evidence, and returning home, the witness cannot be arrested under civil process in an unrelated civil matter. This protection enables the witness to participate in the proceedings without fear of interference.
In another case, a judgment-debtor appears before an executing court after receiving notice to explain why he should not be committed to civil prison. Since Section 135(3) specifically excludes such situations, the judgment-debtor cannot claim exemption from arrest.
Common Questions and Answers
1. What is the purpose of Section 135 CPC?
Answer:
Section 135 CPC protects judges, litigants, advocates, recognised agents, and witnesses from arrest under civil process while they are travelling to, attending, or returning from court proceedings.
2. Who receives protection under Section 135 CPC?
Answer:
The protection applies to judges, magistrates, judicial officers, parties to the case, pleaders, recognised agents, revenue agents, and witnesses attending court in obedience to a summons.
3. Does Section 135 CPC protect a judgment-debtor from arrest?
Answer:
No. A judgment-debtor cannot claim this exemption where the court has ordered immediate execution of a decree or when appearing to show cause against civil imprisonment.
4. Why is Section 135 CPC important?
Answer:
Section 135 CPC ensures that judicial proceedings continue smoothly by protecting court participants from unnecessary civil arrests while preserving the effectiveness of decree execution.
Conclusion
Section 135 CPC is an important procedural safeguard that supports the effective administration of civil justice. By temporarily protecting judges, litigants, advocates, agents, and witnesses from arrest under civil process, the provision ensures that court proceedings are conducted without unnecessary disruption. At the same time, it prevents misuse of this protection by excluding judgment-debtors involved in immediate execution proceedings. The section therefore maintains a fair balance between protecting court participants and enforcing lawful decrees.
