CPC Section 135 — Exemption from arrest under civil process

Civil

Summary

Judges, magistrates, and other judicial officers cannot be arrested under civil process while they are going to court, presiding in court, or returning from court. When a case is pending before a tribunal that has legal authority over it, or that honestly believes it has such authority, the parties involved, their lawyers, agents, and witnesses who are responding to a court summons are also protected from arrest under civil process while going to, attending, or returning from that tribunal. However, this protection does not apply to a person who owes money under a court judgment if they are being arrested under an order for immediate execution, or if they are appearing in court to explain why they should not be sent to prison for failing to pay a decree.

Official Text

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.

(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.