Section 132 CPC — Exemption of Certain Women from Personal Appearance

Introduction

Section 132 of the Code of Civil Procedure, 1908 provides a limited exemption from personal appearance in Court for certain women. The exemption applies to women who, according to the customs and manners of the country, ought not to be compelled to appear in public.

The provision recognises that, in some communities or social groups, customary practices may prevent women from appearing publicly. Instead of compelling such a woman to personally attend Court, Section 132 protects her from compulsory personal appearance.

However, this protection is not an immunity from all civil process. Sub-section (2) makes it clear that the exemption from personal appearance does not, by itself, prevent arrest in execution of civil process where the CPC does not otherwise prohibit the arrest. The provision is therefore an exemption from personal appearance, not a general exemption from the operation of civil procedure.

Section at a Glance

Particular	Details
Section	Section 132 CPC
Subject	Exemption of certain women from personal appearance
Nature	Procedural
Main purpose	To protect eligible women from being compelled to appear personally in Court
Key basis	Customs and manners according to which the woman ought not to be compelled to appear in public
Important limitation	The exemption does not automatically prevent arrest in execution of civil process

Statutory Provision

Section 132 contains two sub-sections.

Sub-section (1)

Section 132(1) provides that women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.

The important elements are:

1. The person must be a woman.
2. There must be a relevant custom or manner governing her public appearance.
3. According to that custom or manner, she ought not to be compelled to appear in public.
4. The consequence is exemption from personal appearance in Court.

Sub-section (2)

Section 132(2) places an important limitation on the exemption. It provides that Section 132 does not exempt such women from arrest in execution of civil process in cases where the CPC does not prohibit the arrest of women.

Therefore, the protection under Section 132(1) should not be misunderstood as complete immunity from civil process.

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Meaning of Section 132 CPC

In simple terms, Section 132 means:

A woman who belongs to a class or community whose customs require that she should not be compelled to appear publicly can claim exemption from personal appearance in Court.

The provision is concerned with physical attendance before the Court.

It does not mean that the woman is exempt from the suit itself. She remains a party to the proceedings and the Court can deal with the case in accordance with the CPC.

The distinction is important:

Exemption from personal appearance does not mean exemption from the civil proceeding.

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Purpose and Object of Section 132

The provision is intended to accommodate established social customs relating to the public appearance of certain women.

Its practical object is to ensure that a woman protected by such customs is not compelled to personally appear in Court merely because she is involved in civil litigation.

At the same time, the provision balances that protection against the requirements of civil procedure by expressly preserving the possibility of arrest in execution of civil process where the CPC permits it.

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Essential Requirements of Section 132

1. The person must be a woman

The exemption specifically applies to women.

2. There must be a relevant custom or manner

The exemption is not granted merely because a woman personally prefers not to attend Court.

The statutory test is linked to customs and manners according to which she ought not to be compelled to appear in public.

3. The custom must justify exemption from public appearance

The question is whether, according to the relevant custom and manner, the woman ought not to be compelled to appear publicly.

The expression relating to the customs and manners of the country has been considered by courts in the context of the customs of the particular community, class or section to which the woman belongs.

4. The consequence is exemption from personal appearance

Where the statutory conditions are satisfied, the woman is exempt from being compelled to personally appear in Court.

The exemption therefore concerns appearance, not the existence or continuation of the underlying civil proceeding.

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How Section 132 CPC Works

The operation of the provision can be understood in a simple sequence:

1. A woman is required or expected to appear personally before a civil Court.
2. She claims the protection available under Section 132.
3. The Court considers whether she falls within the class of women contemplated by the provision.
4. If she satisfies the statutory requirement relating to customs and manners, she is exempt from personal appearance.
5. The exemption does not prevent civil process that the CPC otherwise permits, including arrest in execution where such arrest is legally permissible.

The provision therefore modifies the mode of participation in the proceeding rather than eliminating the proceeding itself.

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When Does Section 132 Apply?

Section 132 becomes relevant where:

• A woman is involved in civil proceedings.
• Her personal appearance before the Court is required or sought.
• She belongs to a class of women whose customs and manners are such that they ought not to be compelled to appear in public.
• The statutory conditions for exemption are satisfied.

When Section 132 Does Not Apply

The provision does not create a general exemption merely because:

• The person is a woman.
• The woman does not wish to attend Court.
• Personal appearance is inconvenient.
• The woman wants to avoid participation in the civil proceeding altogether.

The statutory basis of the exemption must exist.

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Meaning of “Customs and Manners”

The expression “customs and manners of the country” is central to Section 132.

The provision does not say that every woman is exempt from personal appearance. It specifically refers to women who, according to the relevant customs and manners, ought not to be compelled to appear in public.

Judicial decisions have considered the expression in relation to the customs of particular communities, classes or sections of society.

Therefore, the inquiry is directed towards whether the woman falls within the category contemplated by the provision rather than simply whether she personally objects to appearing before the Court.

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Personal Appearance and Examination on Commission

Section 132 becomes particularly relevant where a protected woman is required to give evidence.

The exemption from personal appearance does not necessarily mean that her evidence cannot be taken. The CPC provides procedural mechanisms for recording evidence without requiring personal attendance in appropriate circumstances.

Order XXVI, which deals with commissions, may become relevant in this context.

The practical principle is that the Court can use an appropriate procedural mechanism to obtain necessary evidence while respecting the statutory protection relating to personal appearance.

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Important Case Laws on Section 132

Mohammad Ismail Maricair v. Wazir Bibi Saheba

Principle: The Court considered the meaning of the expression relating to the “customs and manners of the country” and examined the relevant customs of particular communities, classes or sections.

Relevance to Section 132: The decision helps explain that the provision should not necessarily be understood as requiring one uniform custom applicable throughout the entire country.

Rahuria Ramkali Kuer v. Chhathoo Singh

Principle: The case considered the examination of a woman protected under Section 132 through a commission.

Relevance to Section 132: It illustrates how exemption from personal appearance can operate alongside procedural mechanisms for recording evidence.

Bagusethi Manikyam v. Bagusethi Ramamurty

Principle: The Court considered the scope of Section 132 in connection with civil proceedings and discussed the interpretation of the expression concerning customs and manners.

Relevance to Section 132: The decision illustrates that the exemption concerns personal appearance and must be understood in the context of the particular procedural requirement involved.

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Statutory Rule and Judicial Interpretation

Aspect	Statutory Position	Judicial Interpretation
Who receives protection?	Certain women	Courts examine whether the woman falls within the class contemplated by Section 132
Basis	Customs and manners	The relevant customs may be considered with reference to the particular community, class or section
Protection	Exemption from personal appearance	Courts have considered alternative procedural methods such as examination on commission
Arrest	Not automatically prevented	Depends upon whether arrest is otherwise prohibited by the CPC

The statutory text must always be distinguished from the judicial principles developed while applying it.

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Exceptions and Limitations

1. It is not a blanket exemption for every woman

Being a woman alone is insufficient. The statutory requirement relating to customs and manners must be satisfied.

2. It concerns personal appearance

The Section does not terminate or suspend the civil proceeding merely because the woman is exempt from personally attending Court.

3. It does not create general immunity from civil process

Section 132(2) expressly preserves arrest in execution of civil process where the CPC does not prohibit such arrest.

4. Other procedural mechanisms may still be available

The exemption from personal appearance does not necessarily prevent the Court from obtaining evidence or taking other procedural steps through legally available mechanisms.

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Related Provisions

Order XXVI CPC

Order XXVI deals with commissions for various purposes, including examination of witnesses. It may become relevant where evidence needs to be recorded without requiring a protected woman to personally appear before the Court.

Section 133 CPC

Section 133 deals separately with exemption from personal appearance for specified categories of persons. It is useful for understanding the broader scheme of exemptions from personal appearance under the CPC.

Section 135 CPC

Section 135 concerns exemption from arrest under civil process. It is relevant when considering the limitation contained in Section 132(2), because Section 132 itself does not create an independent blanket protection against arrest.

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Practical Example

Example: A woman is a party to a civil suit. She belongs to a community in which, according to established customs and manners, women of her class are not expected to appear publicly. If she falls within the protection contemplated by Section 132, she may be exempt from personally appearing before the Court.

If her evidence is required, the Court may consider an appropriate procedural mechanism, such as examination on commission, where legally applicable.

However, Section 132 does not by itself prevent every form of civil process against her. Sub-section (2) specifically preserves arrest in execution where the CPC permits such arrest.

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Common Confusion: Section 132 vs Section 133 CPC

Basis	Section 132	Section 133
Persons covered	Certain women	Specified persons
Basis of exemption	Customs and manners relating to public appearance	Statutory status or category
Main protection	Exemption from personal appearance	Exemption from personal appearance
Key feature	Social or customary basis	Specific statutory categories

Section 132 should therefore not be read as a general provision exempting all persons who have difficulty appearing before Court.

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Practical Importance in Civil Litigation

For advocates, Section 132 is particularly relevant when a female litigant claims that her customary practices prevent her from appearing publicly.

The key questions are:

• Does she fall within the class contemplated by Section 132?
• Is the claim based on an actual custom or manner relevant to her?
• Is the procedural requirement one that genuinely requires personal appearance?
• Can the necessary evidence or participation be facilitated through another procedure?
• Does the proceeding involve civil process from which Section 132 does not provide immunity?

The advocate should therefore distinguish between being a party to litigation and being required to personally appear in Court.

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Importance for Law Students and Judiciary Exams

Section 132 is a short provision, but questions can test its precise scope.

What to Remember

1. Section 132 concerns certain women, not all women.
2. The basis of exemption is the customs and manners according to which the woman ought not to be compelled to appear in public.
3. The statutory protection is from personal appearance in Court.
4. It does not mean exemption from the civil proceeding itself.
5. Section 132(2) makes clear that the protection does not automatically prevent arrest in execution of civil process where the CPC does not prohibit arrest.
6. Judicial decisions have considered examination on commission as a procedural means of obtaining evidence without requiring personal appearance in appropriate cases.

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Important Questions to Prepare

1. What is the object of Section 132 CPC?
2. Who is entitled to exemption under Section 132 CPC?
3. What is meant by “customs and manners” under Section 132?
4. Does Section 132 exempt a woman from all civil process?
5. Explain the limitation contained in Section 132(2).
6. Can a woman protected under Section 132 be examined on commission?
7. Distinguish Section 132 from Section 133 CPC.

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Key Legal Principles

1. Section 132 provides a limited procedural protection

The provision protects eligible women from compulsory personal appearance; it does not remove them from the civil proceeding.

2. Custom is central to the exemption

The exemption depends upon the statutory requirement concerning customs and manners, rather than merely the woman’s personal preference not to attend Court.

3. Personal appearance and evidence are distinct concepts

A woman may be exempt from personally appearing while the Court may still use an appropriate legal procedure to obtain her evidence.

4. The exemption does not automatically extend to arrest

Section 132(2) expressly preserves arrest in execution of civil process where arrest of women is not otherwise prohibited by the CPC.

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Key Takeaways

Concept	Principle
Section	Section 132 CPC
Core rule	Certain women may be exempt from personal appearance in Court
Eligibility	The relevant customs and manners must justify the exemption
Nature of protection	Exemption from personal appearance, not exemption from litigation
Evidence	Appropriate procedures such as examination on commission may be relevant
Limitation	Section 132 does not itself prohibit arrest in execution where the CPC permits it
Related provisions	Order XXVI, Sections 133 and 135 CPC

ALSO READ:Section 124 – Committee to Report to High Court

Conclusion

Section 132 CPC accommodates certain customary restrictions on the public appearance of women by exempting eligible women from personal appearance in Court. The protection is carefully limited: it does not terminate the proceedings, prevent necessary procedural steps, or create a blanket immunity from civil process.

For examination purposes, the simplest formula to remember is:

Section 132 = Eligible women + customary restriction on public appearance + exemption from personal appearance, but no blanket immunity from civil process.