Civil Procedure Code, 1908

Chapter 002 Execution

Section 59: Release on ground of illness

  • At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on ground of his serious illness.
  • Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.
  • Where a judgment-debtor has been committed to the civil prison, he may be released therefrom-
    1. by the State Government, on the ground of the existence of any infectious or contagious disease, or
    2. by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.
  • A judgment-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by section 58.


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