CPC Section 58: Detention and release
Code of Civil Procedure, 1908 · Part 2: Execution
58. Detention and release.—(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 [ [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 two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.] [(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor 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 [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.
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 36. Application to orders
- 37. Definition of Court which passed a decree
- 38. Court by which decree may be executed
- 39. Transfer of decree
- 40. Transfer of decree to Court in another State
- 41. Result of execution proceedings to be certified
- 42. Powers of Court in executing transferred decree
- 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend
- 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- 44A. Execution of decrees passed by Courts in reciprocating territory
- 45. Execution of decrees outside India
- 46. Precepts
- 47. Questions to be determined by the Court executing decree
- 48. [Repealed.]
- 49. Transferee
- 50. Legal representative
- 51. Powers of Court to enforce execution
- 52. Enforcement of decree against legal representative
- 53. Liability of ancestral property
- 54. Partition of estate or separation of share
- 55. Arrest and detention
- 56. Prohibition of arrest or detention of women in execution of decree for money
- 57. Subsistence-allowance
- 59. Release on ground of illness
- 60. Property liable to attachment and sale in execution of decree
- 61. Partial exemption of agricultural produce
- 62. Seizure of property in dwelling house
- 63. Property attached in execution of decrees of several Courts
- 64. Private alienation of property after attachment to be void
- 65. Purchaser’s title
- 66. [Repealed.]
- 67. Power for State Government to make rules as to sales of land in execution of decrees for payment
- 68. [Repealed.]
- 69. [Repealed.]
- 70. [Repealed.]
- 71. [Repealed.]
- 72. [Repealed.]
- 73. Proceeds of execution-sale to be rateably distributed among decree-holders
- 74. Resistance to execution