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Which Section of the CPC prohibits arrest or detention of woman in the execution of a decree of money?
Question

Which Section of the CPC prohibits arrest or detention of woman in the execution of a decree of money?

A.

Section 56

B.

Section 55

C.

Section 60

D.

Section 59

Correct option is A


Section 56 of the Code of Civil Procedure (CPC), 1908, specifically prohibits the arrest or detention of women in the execution of a decree for the payment of money. This section ensures that women cannot be arrested or imprisoned for failing to pay debts as per a civil court decree. The provision reflects a protective measure in the law, acknowledging the need for safeguarding women's rights in the execution of civil decrees.
Information Booster
· Section 56 (Prohibition Against Arrest of Women): Section 56 of the CPC provides that no woman shall be arrested or detained in civil prison in the execution of any decree for money. This legal safeguard protects women from being subjected to harsh enforcement measures in civil cases related to debt recovery. The provision emphasizes the humane aspect of civil law enforcement, ensuring that women are not unduly punished in financial matters.
Additional Knowledge
· (b) Section 55: Section 55 of the CPC deals with the arrest and detention of a judgment-debtor in a civil prison in the execution of a decree for payment of money. However, this section outlines the general rules for arrest and does not specifically exempt women from arrest.
· (c) Section 60: Section 60 of the CPC enumerates the properties that are exempt from attachment in the execution of a decree. It provides a list of items, including basic necessities and some types of income, that cannot be seized by the court to satisfy a judgment debt.
· (d) Section 59: Section 59 of the CPC refers to the release of a judgment-debtor from detention in certain circumstances, such as if the decree-holder does not pay the subsistence allowance for the debtor. This section does not relate to the specific prohibition against the arrest or detention of women.

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