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Criminal Procedure Code QUESTION #9522
Question 1
A woman W is a judgment-debtor against whom a decree for recovery of money has been passed. The decree-holder applies for W's arrest in execution. W objects, citing her gender. Should the Court order W's arrest?
  • Yes; a decree for money can be executed by arrest against anyone
  • Yes; the prohibition applies only to women in purdah
  • No; but W can be detained if she is a businesswoman
  • No; Section 56 CPC absolutely prohibits the Court from ordering the arrest or detention in prison of a woman in execution of a decree for payment of money, regardless of her financial capacity✔️
Correct Answer Explanation
Section 56 CPC contains an absolute prohibition: notwithstanding anything in Part II of the CPC, the Court shall not order the arrest or detention in prison of a woman in execution of a decree for the payment of money. This is an unconditional bar based solely on gender.