Detention in jail under maintenance suite execution without complying CPC 39

[Shashi saini]

Dear sir ,
please provide law regarding detention of a person in prison under recovery proceedings. Whether person under 125(3) should be detained in criminal prison or civil prison or it doesen’t matter. Whether CPC under sec 39 plays any role while sending a person to prison under recovery proceeding.

[Dr. Ashok Dhamija]

Under Section 125(3) of the Cr.P.C., detention for a maximum period of one month is by way of “sentence”, i.e., it is a “punishment”, as this legal provision itself states (even if the order mentions that the person may be released if the payment is made sooner).

On the other hand, civil prison mentioned in the Civil Procedure Code is as a part of the execution proceedings, in order to recover the amount, and not as a sentence.

Therefore, in my considered view, these two provisions are of different nature. Detention under the Criminal Procedure Code has to be dealt with under the provisions of this Code alone, unless otherwise specified.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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