Section58
The Code of Civil Procedure, 1908

Detention and release

In force From 01 Jan 1909 Act 5 of 1908 As on 15 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909 Cited by 2 provisions Instruments 2

Section 58 of the Code of Civil Procedure, 1908 deals with detention and release. 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 [[five thousand rupees], for a period not exceeding three months, and,] [(b) where the decree is for the payment of a sum of money exceeding tw The Act came into force on 01 Jan 1909.

(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.

Section 58, The Code of Civil Procedure, 1908 (Act 5 of 1908).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Made under this section, and citing it

2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 58

What does Section 58 of the Code of Civil Procedure deal with?

Section 58 of the Code of Civil Procedure is headed "Detention and release". 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 [[five thousand rupees], for a period not exceeding three months, and,] [(b) where the decree is for the payment of a sum of money exceeding tw

How do I find court cases under Section 58 of the Code of Civil Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 58, section 58 CPC, section 58 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 58 of the Code of Civil Procedure, and has it changed?

2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently APPENDIX E. EXECUTION (1908), then APPENDIX F. SUPPLEMENTAL PROCEEDINGS (1908).

When did Section 58 of the Code of Civil Procedure come into force?

Section 58 of the Code of Civil Procedure, cited as CPC 58, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.