Sections 61 and 62 CPC: Agricultural Produce Exemption and Seizure in a Dwelling-House
Sections 61 and 62 of the Code of Civil Procedure, 1908 deal with two safeguards in execution proceedings: partial exemption of agricultural produce from attachment or sale, and restrictions on the seizure of movable property inside a dwelling-house.
Section 61 CPC - Partial Exemption of Agricultural Produce
The State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a decree.
What Section 61 means
Section 61 enables a State Government, through a Gazette-published general or special order, to protect a portion of agricultural produce from attachment or sale in execution of a decree. The protected quantity is linked to what is considered necessary for cultivation until the next harvest and for the support of the judgment-debtor and the judgment-debtor's family.
Section 62 CPC - Seizure of Property in a Dwelling-House
(1) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) 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 person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
What Section 62 means
Section 62 regulates how movable property may be seized from a dwelling-house. It prohibits entry for seizure after sunset and before sunrise, limits when an outer door may be broken open, and requires specified safeguards where a room is occupied by a woman who, according to the customs referred to in the section, does not appear in public.
Official CPC Reference
For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.