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Criminal Procedure Code QUESTION #9481
Question 1
Judgment-debtor B, against whom a money decree exists, is arrested by the executing Court and ordered to be detained in prison for a period not exceeding one year. He serves the full one-year detention but the decree remains unsatisfied. The decree-holder seeks to re-arrest B. Can B be re-arrested?
  • No; the decree is extinguished upon completion of imprisonment
  • Yes; but only after an interval of six months
  • No; once a judgment-debtor has been detained in prison, he cannot be re-arrested under the same decree in execution of which he was detained✔️
  • Yes; the decree remains unsatisfied and execution must continue
Correct Answer Explanation
Section 55(3) CPC expressly provides that a judgment-debtor detained in prison shall not, merely by reason of undergoing such imprisonment, be discharged from liability under the decree, but he shall not be liable to be re-arrested under the decree in execution of which he was so detained.