Where a creditor fails to return the property to the debtor forthwith as required by clause (e) of section 4, and the debtor is opposed or impeded in taking possession of the property, then the debtor may, subject to the provisions of section 7, request the Commissioner of Police, where there is one, and elsewhere the District Magistrate or the Superintendent of Police, to enforce delivery of possession of such property, the Commissioner of Police, the District Magistrate or, as the case may be, the Superintendent of Police, shall take or cause to be taken such steps or use or cause to be used such force as may be reasonably necessary for securing the delivery of possession of the property to the debtor.
Explanation.-For the purposes of this section-
(a) the Commissioner of Police includes an officer not below the rank of an Inspector duly authorised by him;
(b) the District Magistrate includes an officer not below the rank of a Tahsildar duly authorised by him; and
(c) the Superintendent of Police includes an officer not below the rank of a Sub-Inspector duly authorised by him.
Explanation.-For the purposes of this section-
(a) the Commissioner of Police includes an officer not below the rank of an Inspector duly authorised by him;
(b) the District Magistrate includes an officer not below the rank of a Tahsildar duly authorised by him; and
(c) the Superintendent of Police includes an officer not below the rank of a Sub-Inspector duly authorised by him.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Revival of all discharged debts under Ordinance VII of 1975.Section 4 · Discharge of certain debts and consequences thereof.Section 5 · Prohibition against disposal of pledged property, etc. and penalty.Section 7 · Creditor may dispute debtor’s claim.Section 8 · Power of entry and search.Section 9 · Creditor required to pay value of pledged property in certain cases.India Code, Government of India. Text fetched 18 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.