Detention and release

Detention and release.—

1. (1) Every person detained in execution of a decree shall be so detained,—
   • (a) where the decree is for the payment of a sum of money exceeding one thousand rupees, for a period of not exceeding three months, and,
   • (b) where the decree is for the payment of a sum of money exceeding five hundred rupees, but not exceeding one thousand rupees, for a period not exceeding six weeks: Provided that he shall be released from such detention before the expiration of the said period of detention—
     • (i) on the amount mentioned in the warrant for his detention being paid to the officer in-charge of the civil prison, or
     • (ii) on the decree against him being otherwise fully satisfied, or
     • (iii) on the request of the person on whose application he has been so detained, or
     • (iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance: Provided also that he shall not be released from such detention under clause (i) or clause (iii) without the order of the Court. (1-A) 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 five hundred rupees.
2. (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.