CPC · Code of Civil Procedure, 1908

Section 58 CPC

Detention and release

Procedure & effect

(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.

← Sec. 57 All sections Sec. 59 →

FAQ — Section 58 CPC

Section 58 of the Code of Civil Procedure, 1908 (CPC) deals with “Detention and release”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

(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

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.