Arrest other than in execution of decree
Full Text
The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.
Plain English Summary
Section 134 extends the statutory safeguards of civil arrest—namely Section 55 (procedure, hours, and place of arrest), Section 57 (subsistence allowance), and Section 59 (release on grounds of serious illness)—to all persons arrested under any provision of the Code, including arrest before judgment.
Key Legal Elements
- Universal Application: Extends protective safeguards to arrests made outside ordinary decree executions (e.g. Order XXXVIII Rule 1 arrest before judgment).
- Section 55 Safeguards: Mandates daytime arrest only, notice before entering dwelling house, and option to apply for insolvency.
- Section 57 Subsistence Allowance: Obligates the arresting creditor to deposit statutory subsistence allowance into court.
- Section 59 Illness Protections: Prohibits arrest of seriously ill persons and mandates release if infectious/serious disease occurs.
Punishment
Civil detention regulated by Sections 55, 57, and 59 (subsistence allowance, release on serious illness, daytime arrest restrictions).
Practical Note
Application to Interlocutory Arrests (Order XXXVIII Rule 1): 1. Universal Safeguards: Section 134 ensures that procedural safeguards are not confined to post-decree executions (Order XXI). If a defendant is arrested before judgment under Order 38 Rule 1 (to furnish security), the arresting officer and plaintiff must strictly comply with Section 55 (no arrest after sunset, no breaking of doors without notice), Section 57 (plaintiff must deposit subsistence allowance in advance), and Section 59 (medical release). 2. Detention Conditions: Civil detention outside decree executions must be humane, adhering to state subsistence rates and health protections.
हिंदी पाठ
धारा 55, 57 और 59 के उपबंध, जहां तक हो सके, इस संहिता के अधीन गिरफ्तार किए गए सभी व्यक्तियों को लागू होंगे।