Sections 134 and 135 CPC: Arrest and Exemption from Arrest under Civil Process
Sections 134 and 135 of the Code of Civil Procedure, 1908 deal with the application of specified CPC safeguards to persons arrested under the Code and with exemptions from arrest under civil process in defined circumstances.
Section 134 CPC - Arrest other than in execution of decree
The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.
Section 134 extends the relevant safeguards and rules contained in Sections 55, 57 and 59, so far as applicable, to persons arrested under the CPC even when the arrest is not in execution of a decree.
Section 135 CPC - Exemption from arrest under civil process
(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.
What Sections 134 and 135 CPC mean
Section 134 applies specified arrest-related CPC provisions beyond arrest in execution of a decree. Section 135 protects judicial officers and certain participants in pending tribunal proceedings from arrest under civil process while they are travelling to, attending, or returning from the relevant court or tribunal, subject to the exceptions stated in the section.
The exemption under Section 135(2) is not absolute. Section 135(3) expressly prevents a judgment-debtor from relying on that exemption where an order for immediate execution applies or where the judgment-debtor attends to show cause against committal to prison in execution of a decree.
Last reviewed: September 6, 2026. This page reproduces the central statutory text for general legal information. Check applicable State amendments, rules and case law for a specific proceeding.