## CPC 55

### CPC 55 — Arrest and detention
- https://unisonlegal.in/statutes/cpc/55

> 55. Arrest and detention.-(1) A judgment-debtor may be arrested in execution of a decree at, any hour and on
any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison
of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable
accommodation, in any other place which the State Government may appoint for the detention of persons ordered by
the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after
sunset and before sunrise:
Provided, secondly, that 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 officer
authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in
which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the
customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to
withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the
room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of
money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer
shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest
might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in
accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the
Court shall inform him that he may apply to be declared an insolvent, and that he 1[may be discharged] if he has not committed any act
of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being
in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to
the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any

1. Subs. by Act 3 of 1921, s. 2, for "will be discharged".
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proceeding upon the application or upon the decree in execution of which he was arrested, the Court 1[may release] him from arrest,
and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit him to the civil prison in
execution of the decree.