Description

Section 57 of the Code of Civil Procedure (CPC), 1908, addresses the concept of subsistence allowance in the context of civil litigation. This provision relates to the subsistence allowance to be paid to a person who is detained in civil prison during the execution of a decree.

Detailed Explanation of Section 57

1. Purpose and Scope of Section 57:

Section 57 specifies the subsistence allowance to be paid to a person who is detained in a civil prison as part of the execution of a civil decree. The section ensures that the detained person receives a minimum allowance to maintain a basic standard of living while in detention.

• Civil Prison Detention: In civil cases, if a person fails to comply with the decree (such as refusing to pay a monetary judgment), the court can order the person's detention in a civil prison. This is a form of civil punishment used to enforce the payment of debts.

• Subsistence Allowance: If a person is detained in prison, the court mandates that they receive an amount called subsistence allowance to cover their basic needs, such as food and shelter, while they are detained.

2. Payment of Subsistence Allowance:

• Amount of Allowance: The amount of subsistence allowance to be paid is usually determined by the court or prescribed by the rules of the relevant state. The allowance ensures that the detained person has the means to meet essential needs like food and clothing.
• Payment Responsibility: It is generally the responsibility of the detaining authority (such as the Civil Court or prison authorities) to ensure the detainee receives this allowance.

3. Key Features of Section 57:

• Application in Execution of Decrees: Section 57 applies specifically to situations where a person has been ordered to be detained in civil prison as part of the execution of a decree. This means that the subsistence allowance is only applicable in the context of civil suits and the enforcement of civil judgments.

• Avoiding Hardship: The provision ensures that a person is not left destitute or without basic means of survival while they are detained in civil prison. This serves to prevent undue hardship during a period where they are already under legal compulsion to fulfill the decree.

• Amount Determination: The court determines the subsistence allowance based on the circumstances of the case. The specific rate or amount may vary depending on jurisdiction, the financial position of the detainee, and the nature of the case.

4. Nature of Detention:

• Civil Detention: Unlike criminal detention, which typically arises from a criminal conviction, civil detention occurs as a result of failure to comply with civil orders (like paying a debt). In such cases, Section 57 ensures that even if a person is detained for non-payment of money, they are not left in abject poverty.

• Temporary Detention: Civil detention is usually meant to be a temporary measure, aimed at compelling the person to comply with the court's order. The subsistence allowance helps ensure the detainee’s basic survival during this period.

Punishment

If a person fails to comply with a decree for the payment of money, the court may order that the individual be detained in a civil prison as a means of enforcing the decree.

Punishment for non-compliance typically involves civil imprisonment. If the person continues to refuse payment, the subsistence allowance ensures they are not left without basic necessities.

If the individual is unable to pay the required sum or if there are further violations of the decree, the court may consider additional enforcement measures, but the subsistence allowance would continue as long as the person is detained.