common_man (NA) 19 January 2011

What is the diff between Civil Arrest Vs Criminal Arrest?

Hi,

What is the difference between Civil Arrest (prison) Vs Criminal Arrest?

In money recovery civil suit, decree is passed in favor of me. The JD is not responding. If I am not able to recover the money then is arrest option available? I gave friendly loan to a private company who had multiple partners. None of the partner is responding and some ofthe partner went abroad too. Some partner's property is mortgaged in bank. Since nobody is responding then is it wise to make arrest? if the money to be recovered is above Rs.10 Lacs then how long they will get the civil prison?

Rajeev

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9 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 January 2011

For civil arrest you have to deposit expanses MONTHLY FULL IN ADVANCE in court to keep the JD in prison , you will not get any thing.

(Guest)

Right answer given by shashikumar.

SACHIN AGARWAL (ADVOCATE) 20 January 2011

I agree with Mr. Shashi Kumar.

common_man (NA) 21 January 2011

Thank you for the reply.

Do you mean Plantiff has to deposite the money to put JD in civil prison? If JD is not respecting the judgement, if he pretend to not to have any money, then whats the use of LAW. Isn't it some types of fraud that get the money and then not return it, then not respect the law.

Just for my knowledge, how much generally it cost to put JD in prison for may be one day or a week or a month...

Its insane that you loose the money by helping friends in need and then again you loose the money to recover the original money and put the JD in jail...

N.K.Assumi (Advocate) 21 January 2011

It is like maintaining an old unwanted car.

common_man (NA) 21 January 2011

ufff....it means there is no single effective way in to bring JD to pay the money. If the law is like this then what lawyers can do..either forget the money or spend more your own money to get JD punshied or as plantiff you get perished...

N.K.Assumi (Advocate) 21 January 2011

Yes, dddddd, the law required a fresh loook to this proviaions.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 21 January 2011

For recovery of money you can not put a man in prison , this is universal law.

Still if you insist pay for his upkeep in prison to state.

pareshkumar raichura (Private Practice) 24 February 2011

IN CRIMINAL JUDICIAL CUSTODY, YOU HAVE TO DO WORK IN JAIL AS INSTRUCTED BY JAILOR AND IN CIVIL JUDICIAL CUSTODY YOU ARE ONLY JUST DETAINED, AS MY OPINION. MOREOVER, IN CIVIL PRISON, YOU CAN GET FOOD, BAD ETC. FROM YOUR HOME. AND MAIN DIFFERENCE IS THAT, NOBODY CAN DETAINED MORE THAN THREE MONTHS IN CIVIL PRISON AND IN CRIMINAL JAIL, YOU CAN DETAINED TILL YOUR DEATH.

FEMALE CAN NOT BE DETAINED IN CIVIL PRISION AS JUDGMENT DEBTOR OF MONEY DECREE.