CPC Section 81 — Exemption from arrest and personal appearance

Civil

Summary

In a lawsuit against a public officer for something they did while on duty, the officer cannot be arrested or have their property seized before a court order is issued. Also, if the court agrees that the officer’s absence from work would harm public service, the court will excuse them from having to appear in court in person.

Official Text

In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—

(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,

(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person..