(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 there from
ADVERTISEMENTS:
(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 the civil prison shall not in the aggregate exceed that prescribed by section 58.
The court may at any time cancel a warrant of arrest against the judgment-debtor on the ground of his serious illness or release him where he has been arrested. The State Government may also release him on the ground of the existence of any infectious or contagious disease, but in case of release on the ground of illness he is liable to rear-rest for the remaining period.
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ADVERTISEMENTS:
[Sections 135 and 135-A]
Exemption from arrest under civil processes:
The following persons are exempt from arrest under civil process:
ADVERTISEMENTS:
(1) Judge, Magistrate or other judicial officer while going to, presiding in, or returning from his Court. [Section 135(1)].
(2) The parties, their pleaders, mukhtars, revenue agents and
witnesses acting in obedience to a summons while going to or attending a tribunal except: (i) under a process issued by such tribunal for contempt of court, or (ii) where there is an order for immediate execution, or (iii) where the judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree. [S. 135(2) and (3).]
(3) (a) A member of—(i) either House of Parliament, or (ii) the Legislative Assembly or Legislative Council of a State, or (iii) a Legislative Assembly of a Union Territory, during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) A member of any committee of—(i) either House of Parliament, or
(ii) The Legislative Assembly of a State or Union Territory, or (iii) a Legislative Assembly of a Union Territory, during the continuance of any meeting of such committee;
(c) A member of—(i) either House of Parliament, or (ii) a Legislative Assembly or Legislative Council of a State having both such Houses; during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be; and during the forty days before and after such meeting, sitting or conference. (Section 135-A).
Arrest before judgment:
Please see notes on Supplemental Proceedings, Part VI, bearing discussion on the same topic and printed subsequently.