The Code of Civil Procedure, 1908
Section 58. Detention and release.
(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: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
Cases citing this section
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