CPC Section 135A. — Exemption of members of legislative bodies from arrest and detention under civil process
Civil
Summary
Members of Parliament, state legislative assemblies or councils, and union territory legislative assemblies cannot be arrested or detained in civil cases while a meeting of their house is happening. The same protection applies during meetings of any committee they belong to, and during joint sittings or conferences of the houses, including the 40 days before and after such events. However, once the protected period ends, the person can be arrested again and held for the same civil detention they would have faced if not released earlier.
Official Text
135A. Exemption of members of legislative bodies from arrest and detention under civil process--
(1) No person shall be liable to arrest or detention in prison under civil process--
(a) if he is a member of--
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory, during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of--
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State, during the continuance of any meeting of such committee;
(c) if he is a member of--
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).