CPC Section 59 — Release on ground of illness
Civil
Summary
If a court has issued a warrant to arrest a person who owes money under a court order, the court can cancel that warrant if the person is seriously ill. If the person has already been arrested, the court can release them if they are too sick to be kept in civil prison. If the person has already been sent to civil prison, they can be released by the state government if they have an infectious or contagious disease, or by the court if they are suffering from any serious illness. A person released for illness can be arrested again later, but the total time they spend in civil prison cannot go beyond the time limit set by section 58.
Official Text
(1) At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness.
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom--
(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58.