Bailabel Type : bailable

Description

Section 135 of the Code of Civil Procedure (CPC) provides for certain exemptions from arrest under civil processes. This section outlines the legal rights and conditions under which a person can be exempted from being arrested in a civil suit, offering protection to individuals under specific circumstances.

Key Provisions of Section 135:

1. Exemption from Arrest:

   • Section 135 grants exemptions to certain persons from being arrested in the course of civil litigation. These exemptions primarily focus on protecting vulnerable individuals who may face undue hardship if subjected to arrest in civil proceedings.

2. Persons Exempt from Arrest:

   • The section specifically applies to persons who may be exempted from arrest due to their status or position. The exemption applies to:
     • Women (as already covered under Section 132 and 133 of the CPC, women are often provided protection from civil arrest in certain circumstances).
     • Sick or infirm persons, particularly those who are physically disabled or elderly, and whose health or physical condition would make arrest unduly harsh or difficult.
     • Other persons who, based on their situation, are recognized as being at risk of harm due to arrest or whose detention could cause them significant distress.

3. Procedure for Exemption:

   • A person seeking exemption from arrest under Section 135 must apply to the court. This application should provide evidence or reasoning to justify why the individual is not fit to undergo arrest in the course of civil proceedings.
   • The court then evaluates the specific situation and determines whether the individual qualifies for the exemption.

4. Court's Discretion:

   • The court holds the discretion to grant or deny the exemption request based on the provided justification and the facts of the case. The court will consider whether the person’s health, age, or personal situation genuinely warrants protection from arrest.

5. Effect of Exemption:

   • If the exemption is granted, the person cannot be arrested during the civil process unless the exemption is revoked under specific conditions or the individual no longer meets the criteria for exemption.
   • Even if exempted from personal arrest, such individuals can still be represented by an agent or lawyer in the case, ensuring the case progresses without delay.

6. Role of Legal Representatives:

   • In the event that the person is exempted from personal appearance or arrest, they can still be represented by a lawyer or authorized agent to ensure their participation in the proceedings and to ensure their legal rights are maintained.

Punishment

Section 135 primarily deals with exemptions from arrest in civil proceedings rather than specifying punishments for violations. However, there are legal consequences and safeguards:

1. Wrongful Arrest:

   • If a person who is exempt from arrest under Section 135 is wrongfully arrested, the individual may have grounds to seek compensation for any harm caused by the unlawful detention. The court may order the release of the individual and compensation for any undue hardship suffered due to wrongful arrest.

2. Abuse of Exemption:

   • If an individual falsely claims exemption or abuses the system by presenting fraudulent reasons for exemption from arrest, the court may disregard the exemption and order the person to attend court or face arrest. Additionally, there may be legal repercussions for abusing the legal process.

3. Contempt of Court:

   • In some cases, if the exemption is claimed under false pretenses or a person fails to comply with the court's instructions after being exempted, they could be held in contempt of court.