Code
CPC(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 he1[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 Court2[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.
Great — this is Section 55 CPC (Arrest and detention in execution of a decree). I’ll now structure it properly in our standard format (Code → Explanation → Illustration → Q&A → Conclusion).
Section 55 CPC: Arrest and Detention in Execution of Decree
Code: Section 55 of the Civil Procedure Code
55. Arrest and detention.
(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;
- secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house 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;
- 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;
- 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 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 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.
Explanation of Section 55 CPC
Section 55 lays down the procedure for arrest and detention of a judgment-debtor in execution of a decree, particularly when the decree is for payment of money.
- Arrest at Any Time: A judgment-debtor can be arrested at any hour of the day, but the law protects his dignity and privacy by placing restrictions on entering his home.
- Safeguards:
- No arrest inside a house at night (after sunset, before sunrise).
- No outer door can be broken unless the debtor is inside and obstructing entry.
- Women observing customary seclusion are protected — they must be allowed to withdraw before entry.
- Release on Payment: If the debtor pays the decree amount and costs at the time of arrest, he must be released immediately.
- Government Exemptions: The State Government may exempt certain persons or classes from arrest if it would cause public inconvenience or danger.
- Insolvency Option: A debtor arrested for money decree must be informed of his right to apply for insolvency, offering a possible discharge if done in good faith.
- Conditional Release: If he intends to apply for insolvency and gives security, he may be released, but if he defaults, his security may be forfeited or he can be recommitted.
Thus, Section 55 balances the rights of decree-holders to enforce judgments with the protections and dignity of the judgment-debtor.
Illustration
- Example 1:
A judgment-debtor owes ₹50,000 under a decree. The decree-holder seeks his arrest. The bailiff goes to his house at 10 PM to arrest him. This is not allowed under Section 55, as entry after sunset is prohibited. - Example 2:
During arrest in the daytime, the debtor pays the decree amount and the officer’s costs. The officer must release him immediately. - Example 3:
The debtor is brought before Court, and he states that he wants to file for insolvency. He furnishes security and promises to apply within a month. The Court releases him. But he fails to file — the Court can forfeit the security or commit him to civil prison.
Common Questions and Answers
1. Can a judgment-debtor be arrested at night?
No. His residence cannot be entered after sunset and before sunrise.
2. Can a woman judgment-debtor be arrested?
Yes, but with restrictions. If a non-debtor woman who observes seclusion is present, she must be given notice and time to withdraw before entry.
3. Is imprisonment compulsory if the debtor cannot pay?
Not always. The Court must inform him of his right to apply for insolvency. If he applies in good faith, he may be released.
4. What if the judgment-debtor pays the money at the time of arrest?
He must be released immediately by the arresting officer.
5. Can the State exempt certain persons from arrest?
Yes. The State Government can issue notifications exempting specific persons or classes from arrest if arrest would cause public inconvenience or danger.
Conclusion
Section 55 CPC provides a detailed framework for arrest and detention of judgment-debtors, ensuring that execution of decrees remains effective but humane. It protects the dignity of individuals, especially women and vulnerable groups, while giving decree-holders a remedy to enforce money decrees. It also allows the debtor an escape route through insolvency proceedings, balancing rights and obligations.
For more resources on execution of decrees under CPC, visit ApniLaw.
