Section 55 of Code of Civil Procedure 1908 "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 may be discharged, if he
has not committed any act of bad faith regarding the subject
of the application and if he complies with provisions of the
law of insolvency for the time being in force.
(4) Where a judgment-debtor express 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 proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit him to the civil prison in execution of the decree.
Section 56 of Code of Civil Procedure 1908 "Prohibition of arrest or detention of women in execution of decree for money"
Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.