Central · Act 5 of 1908

Section 58 — Detention and release.

The Code of Civil Procedure, 1908

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(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 1 [2 [five thousand rupees], for a period not exceeding three months, and,]

3[(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 5 [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.

Source footnotes

1. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).

2. Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).

3. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).

4. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).

5. Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).

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Next · Section 59Release on ground of illness. →All sections / सभी धाराएँThe Code of Civil Procedure, 1908 →
More sections of this actSection 1 · Short title, commencement and extent.Section 2 · Definitions.Section 3 · Subordination of Courts.Section 4 · Savings.Section 5 · Application of the Code to Revenue Courts.Section 6 · Pecuniary jurisdiction.Section 7 · Provincial Small Cause Courts.Section 8 · Presidency Small Cause Courts.
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India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.

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