Description

Section 135A of the Code of Civil Procedure (CPC) provides specific protection to members of legislative bodies (such as Members of Parliament and Members of State Legislatures) from being arrested or detained under civil processes while they are performing their official duties. This section ensures that such individuals are not hindered by civil proceedings in the course of their legislative duties, thus maintaining the separation of powers and ensuring that their legislative functions are not disrupted.

Key Provisions of Section 135A:

1. Exemption from Arrest and Detention:

   • Section 135A grants an exemption from arrest and detention under civil processes to members of legislative bodies (i.e., Members of Parliament, Members of State Assemblies, etc.).
   • This exemption applies when these members are engaged in the performance of their duties as elected representatives, particularly when they are attending legislative sessions or involved in official functions.

2. Scope of Exemption:

   • The exemption applies to arrest and detention related to civil proceedings and does not extend to criminal matters or cases involving criminal liability. This is specifically designed to avoid interruptions to the legislative process caused by civil suits and to allow these members to perform their legislative duties without the hindrance of legal actions such as arrest.
   • The exemption ensures that members of legislative bodies are not subjected to legal actions like arrest or detention during the legislative sessions or while fulfilling their public duties.

3. Conditions and Application:

   • The exemption under this section applies only when the legislative member is engaged in their official capacity. This means that the member must be either attending a session of the legislature or performing other official legislative functions.
   • If a member is not in the course of official duties, the exemption under Section 135A does not apply, and the member may be subject to civil processes, including arrest, as applicable.

4. Legal Protection for Legislative Members:

   • The section recognizes the importance of uninterrupted legislative proceedings. If a member of a legislative body is arrested under a civil process during their official duties, it could lead to disruptions in parliamentary or assembly sessions, which could hinder the democratic process.
   • Therefore, the provision offers legal protection for these individuals to ensure that they are not detained or arrested in civil cases while performing public responsibilities.

5. Procedure for Exemption:

   • A member of a legislative body can claim the exemption under Section 135A by providing proof that they are engaged in official duties at the time of the civil process. If necessary, they may need to present documents or evidence to establish that they are attending a session or participating in an official event of the legislative body.

Punishment

Section 135A does not prescribe any punishment directly for non-compliance, as it is primarily focused on granting protection to legislative members. However, there are some consequences or actions that might arise:

1. Illegal Detention:

   • If a legislative member is wrongfully arrested or detained in violation of this exemption, they could seek remedies through the court, which could include the release of the member from detention or arrest and potential compensation for any harm caused by the wrongful action.

2. Abuse of Process:

   • If someone were to attempt to arrest a legislative member who is genuinely exempt under Section 135A, the individual responsible for the wrongful action could face legal consequences for abusing the process of law, such as contempt of court or wrongful detention claims.

3. Disruption of Legal Process:

   • If the exemption is misused or falsely claimed, and it is found that the legislative member was not engaged in official duties, the court could disregard the exemption and proceed with the civil process, including the arrest or detention.