CPC - SECTION 135. Exemption from arrest under civil process

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(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.

(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

¹⁹⁸[135A. Exemption of members of legislative bodies from arrest and detention under civil process
    ¹⁹⁹[(1) No person shall be liable to arrest or detention in prison under civil process-

        (a) if he is a member of-

            (i) either House of Parliament, or

            (ii) the Legislative Assembly or Legislative Council of a State, or

            (iii) a Legislative Assembly of a Union territory,

daring the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;

        (b) if he is a, member of any, committee of-

            (i) either House of Parliament, or

            (ii) the Legislative Assembly of a State or Union territory, or

            (iii) the Legislative Council of a State,

during the continuance of any meeting of such committee;

        (c) if he is a member of-

            (i) either House of Parliament, or

            (ii) a Legislative Assembly or Legislative Council of a State having both such Houses,

during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be,

and during the forty days before and after such meeting, sitting or conference.]

    (2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).]

 

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