Section 135A of the Code of Civil Procedure, 1908
Exemption of members of legislative bodies from arrest and detention under civil process. Section 135A protects specified members of Parliament, State Legislatures and legislative committees from arrest or detention under civil process during the periods stated in the section.
Text of Section 135A CPC
135A. Exemption of members of legislative bodies from arrest and detention under civil process.
(1) No person shall be liable to arrest or detention in prison under civil process -
(a) if he is a member of -
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of -
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of -
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.
(2) A person released from detention under sub-section (1) shall, subject to the provisions of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).
What Section 135A CPC means
Section 135A creates a limited exemption from civil process. It applies only to the legislative members and periods specifically described in the section. The protection is connected with attendance at meetings, committee proceedings and specified joint sittings, meetings or conferences.
Sub-section (2) makes clear that a person released because of the temporary protection under sub-section (1) may be re-arrested and subjected to the further detention that would otherwise have applied once the statutory protection no longer prevents such action.