CPC Section 58 — Detention and release

Civil

Summary

A person who is sent to civil prison for failing to pay a court-ordered debt can only be held for a limited time. If the debt is more than five thousand rupees, the maximum time in prison is three months. If the debt is more than two thousand rupees but not more than five thousand rupees, the maximum time is six weeks. No one can be sent to civil prison for a debt of two thousand rupees or less. Being released from prison does not cancel the debt, but the person cannot be arrested again for the same debt.

Official Text

(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. 4

(1A) 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.

(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.