58. Detention and release
Every person detained in the civil prison in execution of a decree shall be so detained,
where the decree is for the payment of a sum of money exceeding [ [five thousand rupees], for a period not exceeding three months, and,] [(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.]
For the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor 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 [two thousand rupees.]
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 (5)
- Subs w.e.f. 1-2-1977 . Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
- Subs w.e.f. 1-7-2002 . Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).
- Subs w.e.f. 1-7-2002 . Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
- Ins w.e.f. 1-2-1977 . Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
- Subs w.e.f. 1-7-2002 . Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).