Vidhara

The Code of Civil Procedure, 1908

§58Detention and release

(1) Every person detained in the civil prison in execution of a decree shall be so detained,— (a) 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:] Provided that he shall be released from such detention before the expiration of the [said period of detention] — (i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or (ii) on the decree against him being otherwise fully satisfied, or (iii) on the request of the person on whose application he has been so detained, or (iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance: Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court. [(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor 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.]] (2) 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.

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Official text: India Code (official)

Official India Code text: The Code of Civil Procedure, 1908 (5 of 1908), English PDF (bitstream 123456789/2191/1/A190805.pdf, 3,275,360 bytes, sha256 8849fc32…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; Schedule I (Orders/Rules) not included in the section list; spot-verified; full clause-level proofread pending.

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