Why do arrest take place ?

Arrest usually take place when a person is suspected of having committed a criminal
offence. However, arrest and detention is also a mode of enforcing the decree of a civil court.
It depends on the decree holder whether he wants to opt for this mode of execution. When
the judgment debtor refuses to pay the money or does not comply with the courts order, then
the decree holder can enforce it through arrest. Before ordering arrest, a court must record
its reasons in writing for doing so. However, it just be noted that mere inability to pay will not
lead to an arrest. There are also certain restrictions with respect to persons who can be
arrested.

Introduction
The Code of Civil Procedure lays down various modes of executing a decree. One
of such modes is arrest and detention of the judgment-debtor in a civil prison.
The decree-holder has an option to choose a mode for executing his decree and
normally, a court of law in the absence of any special circumstances, cannot
compel him to invoke a particular mode of execution[i]. Sections 51 to 59 and
Rules 30 to 41 of Order XXI deal with arrest and detention of the judgment
debtor in civil prison. The substantive provisions deal with the rights and
liabilities of the decree-holder and judgment debtor and procedural provisions lay
down the conditions thereof.
The provisions are mandatory in nature and must be strictly complied with. They
are not punitive in character. The object of detention of judgment-debtor in a civil
prison is twofold. On one hand, it enables the decree-holder to realise the fruits
of the decree passed in his favour; while on the other hand, it protects the
judgment-debtor who is not in a position to pay the dues for reasons beyond his
control or is unable to pay.[ii] Therefore, mere failure to pay the amount does not
justify arrest and detention of the judgment-debtor inasmuch as he cannot be
held to have neglected to pay the amount to the decree-holder.

When arrest and detention may be ordered

Where the decree is for the payment of money, it can be executed by arrest and
detention of the judgment debtor.[iii] Likewise, in case of a decree for specific
performance of contract or for injunction, a judgment debtor can be arrested and
detained.[iv] Again, where a decree is against a corporation, it can be executed
with the leave of the court by detention in civil prison of its directors or other
officers.[v]

Who cannot be arrested

As per the Civil Procedre Code, the following classes of persons cannot be arrested
or detained in a civil prison:
1. Judicial officers, while going to, presiding in or returning from their courts[vii];
2. A woman[vi];
3. The parties, their pleaders, mukhtars, revenue agents and recognised agents and
their witnesses acting in disobedience to a summons, while going to, or attending or
returning from the court[viii];
4. Members of legislative bodies[ix];
5. Any person or class of persons, whose arrest, according to the State Government,
might be attended with danger or inconvenience to the public[x];
6. A judgment-debtor, where the decretal amount does not exceed rupees two
thousand[xi].

Recording of Reasons
The Court is required to record reasons for its satisfaction for detention of the
judgment-debtor. Recording of reasons is mandatory. Omission to record reasons by
the court for its satisfaction amounts to ignoring a material and mandatory
requirement of law[xvi]. Such reasons should be recorded every time and in every
proceeding in which the judgment-debtor is ordered to be detained

Procedure
jugment-debtor may be arrested at any time and on any day in exe of a decree. After
his arrest, he must be brought before the court foon as practicable. For the purpose of
making arrest, no dwelling ruse may be entered after sunset or before sunrise. Further,
no outer :r of a dwelling house may be broken open unless such dwelling -e is in the
occupancy of the judgment-debtor and he refuses access thereto. Again, where the room
is in the actual occupancy of a pardanashin ran who is not the judgment-debtor,
reasonable time and facility could be given to her to withdraw there from . No order of
detention of the judgment-debtor shall be made w the decretal amount does not exceed
rupees two thousand. No judgment-debtor may be arrested unless and until the decreeholder into court the subsistence allowance as fixed by the court.

Where the judgment-debtor pays the decretal amount and arrest to the officer, he
should be released at once.
In an application for the arrest and detention of the judgment debtor, the decreeholder must state or must file an affidavit static; - grounds on which arrest is sought . The
burden is very heavy decree-holder to prove that the circumstances specified in the
Previous to Section 51 exist.
The court must record reasons for the committal of the judgment debtor to civil
prison. In absence of reasons, the order is liable to be seaside.1 Again, a decree for
money cannot be executed by arrest and detention where the judgment-debtor is a
woman, or a minor - legal representative of a deceased judgment-debtor.