Constitutionality of Provisions related to Arrest and Detention in case of Enforcement of Money Decree: Legal Discourse

The Code of Civil Procedure provides procedure for determination of civil rights and liabilities of the litigants to a dispute of civil nature. The civil Courts adjudicate the lis in the form of decree and/ or order. However, the decree and/ or order come into operation only on commencement of the proceedings for execution. The party in whose favor the case is decided is known as the decree holder and the opposite party is the judgment-debtor. A judgment debtor could be confined in the civil prison for proper enforcement of decree. This paper endeavors to review the constitutionality of provisions related to arrest and detention in the civil prison of the judgment debtor in the light of legal jurisprudence and the construction of statutes in the line of law and morality and the principle for constitution of State. The paper uses doctrinal method and the rules of interpretation in order to solicit its observations. It seeks to ensure revision of the statutory provisions of CPC related to arrest and detention in accordance with the provisions of the Constitution of India.