CAN A PERSON BE SENT TO JAIL IN CIVIL EXECUTION...?

who can’t be arrested in civil prison?

For the further reference to the respected members who contributed their valuable views in this discussion I hereby providing the compilation of the various section of the CPC which states that following person can’t be arrested or detained in the civil prison:

(i)        a women [Sec. 56]

(ii)       judicial officers, while going to, presiding in, or returning from their      courts [Sec. 135(1)]

(iii)       the parties, their pleaders, mukhtars, revenue agent and their witnesses acting in obedience to summons, while going to or attending or returning from the court,[Sec. 135(2)]

(iv)      members of legislative bodies [135-A]

(v)      any person or class of person whose arrest according to the state govt. might be attended with danger or inconvenience to the public. [Sec.55 (2)]

(vi)      a judgment debtor where decretal amount doesn’t exceeds Rs. 2000/- [Sec. 58(1-A)]

Although regarding “civil prison” I want to raise the question on the purpose of this mode of execution of the monetary decree, particularly.

Because, when a judgment debtor sent to civil prison in execution of the money decree, for the maximum period of 3 months, even in such a case the so said “money decree” itself was not satisfied i.e. amount as mentioned in the decree wouldn’t recovered. My opinion is not rigid one and I welcome any difference and explanation.    

I agree with the view given by  SIDDHARTHA KULKARNI .

If a person dont pay money and sent to civil prison “money decree” itself was not satisfied.

This is fishy......................................

People would confiscate tens/hundreds of crores...disperse the money and would happily serve the jail term for a few years. in the same those years thay won't ever have made this much of  money ethically (also they would come out on parole /bail etc etc)

what about those victims who lost their fortune?

In laws like crpc 125 there is 1 month civil prison for non-payment But that does not relieve the person from paying arrears. the jail term of for 'non-payment on time'

Example:-

If there  is arear for june...

then a person sent behind bars for non-payment of maint......and in July end he pays money for a month............ then it is treated as payment for june only!!! jail term is just for failure to payment on time' and not as a alternative to 'failure to pay'.

Decree holder can't fed the daily food with the  punishment of 'judgement-holder'.

 @ SIDDHARTHA KULKARNI.hat off for you!! really this forum need a serious member like you.hope you will kept up your good work. 

 @ SIDDHARTHA KULKARNI.hat off for you!! really this forum need a serious member like you.hope you will kept up your good work. 

Thanks to Adv SIDDHARTHA KULKARNI for Very value adding and informative comments.

I am obliged .......thank you for appreciation.