Seizure of property in dwelling-house
Section 62 of the Code of Civil Procedure, 1908 deals with seizure of property in dwelling-house. No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise. The Act came into force on 01 Jan 1909.
(I) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
Section 62, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Questions about Section 62
What does Section 62 of the Code of Civil Procedure deal with?
Section 62 of the Code of Civil Procedure is headed "Seizure of property in dwelling-house". No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
How do I find court cases under Section 62 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 62, section 62 CPC, section 62 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.
When did Section 62 of the Code of Civil Procedure come into force?
Section 62 of the Code of Civil Procedure, cited as CPC 62, 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.
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- 2. Definitions890 words
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- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
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.