# The Code of Civil Procedure, 1908, Section 58: Detention and release

- Act: The Code of Civil Procedure, 1908 (Act 5 of 1908)
- In force from: 1909-01-01
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/cpc/section/58/

## Text

(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.

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