Introduction
Section 135A of the Code of Civil Procedure, 1908 provides exemption from arrest and detention under civil process to members of legislative bodies in specified circumstances.
The provision recognises that Members of Parliament and members of State Legislatures may need protection from civil arrest while Parliament or a State Legislature is in session. It also provides protection during the period immediately before and after such a session.
The underlying purpose is to ensure that the functioning of legislative bodies is not obstructed by civil arrest or detention of their members.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 135A CPC |
| Subject | Exemption of members of legislative bodies |
| Nature | Procedural protection |
| Main purpose | Protection from arrest and detention under civil process |
| Persons covered | Members of Parliament and members of State Legislatures |
| Protection period | During the session and specified periods before and after the session |
| Important limitation | Protection does not apply to arrest or detention in execution of a decree |
Meaning of Section 135A CPC
In simple terms:
Section 135A protects members of legislative bodies from arrest and detention under civil process during specified periods connected with the sitting of the legislative body.
The provision is designed to ensure that a legislator can attend and participate in legislative proceedings without being prevented from doing so by civil arrest or detention.
The protection is therefore connected with the functioning of Parliament and State Legislatures.
Purpose and Object of Section 135A
The principal objective of Section 135A is to protect the effective functioning of legislative institutions.
A Member of Parliament or State Legislature may be required to attend legislative proceedings during a session. If the member could be arrested or detained under civil process during this period, the member’s ability to perform legislative duties could be affected.
Section 135A therefore provides a temporary statutory protection.
The provision balances:
- The enforcement of civil process; and
- The need to preserve the functioning and independence of legislative bodies.
Persons Covered Under Section 135A
Section 135A applies to members of legislative bodies.
The principal categories are:
1. Members of Parliament
Members of Parliament are protected under the provision in the circumstances specified by Section 135A.
This includes members of the Houses of Parliament covered by the statutory provision.
2. Members of State Legislatures
Members of State Legislative Assemblies and, where applicable, State Legislative Councils are also covered.
The protection operates during the periods specified by Section 135A.
When Does the Protection Apply?
The protection under Section 135A is connected with the session of the relevant legislative body.
It covers:
- The period during the session
- A specified period before the commencement of the session
- A specified period after the conclusion of the session
Therefore, the protection is broader than merely the days on which the legislative body is actually sitting.
Important Time Period
One of the most important points to remember is that the exemption is not limited to the exact days of the legislative session.
Section 135A provides protection during:
The period beginning fourteen days before the commencement of the session and ending fourteen days after the conclusion of the session.
Thus:
14 days before + entire session + 14 days after
is the basic formula for remembering the period of protection.
What Does Section 135A Protect Against?
Section 135A protects the legislator from:
Arrest under civil process
A protected member cannot ordinarily be arrested under civil process during the period covered by the provision.
Detention under civil process
The protection also extends to detention under civil process.
The purpose is to ensure that the member remains available to perform legislative functions.
Important Limitation – Execution of Decree
Section 135A contains an important exception.
The exemption does not extend to arrest or detention in execution of a decree.
Therefore, the protection under Section 135A should not be interpreted as an absolute immunity from civil arrest in every circumstance.
Remember:
Section 135A protects against arrest and detention under civil process during the specified legislative period, but does not protect against arrest or detention in execution of a decree.
This is one of the most important points for examinations.
Section 135A and Legislative Sessions
The protection is linked to the session of the relevant legislative body.
For example:
Example
Suppose Parliament is scheduled to commence its session on 1 September.
The statutory protection begins 14 days before the commencement of the session, subject to the precise operation of the provision.
The protection continues throughout the session and remains applicable for the specified period after the session concludes.
This ensures that a member is not suddenly arrested immediately before a session or immediately after it ends.
Why Does the Protection Extend Beyond the Session?
The protection extends before and after the session because the legislative function is not limited to the exact hours during which the House is sitting.
Members may need to:
- Travel to the place of the session.
- Make arrangements for participation.
- Attend legislative activities.
- Return after the conclusion of the session.
The statutory period therefore creates a broader protective window around the session.
Section 135A vs Section 135 CPC
These provisions are closely related but have different purposes.
| Basis | Section 135 | Section 135A |
|---|---|---|
| Subject | Exemption from arrest | Exemption of members of legislative bodies |
| Main beneficiaries | Persons covered by Section 135 | Members of Parliament and State Legislatures |
| Basis of protection | Attendance before Court or Tribunal | Legislative membership and session |
| Protection | From arrest under civil process in specified circumstances | From arrest and detention under civil process during specified legislative periods |
| Special limitation | Subject to statutory limitations | Does not extend to execution of a decree |
Easy distinction:
Section 135 = Protection connected with Court or Tribunal attendance.
Section 135A = Protection connected with legislative sessions.
Section 135A vs Section 133 CPC
| Basis | Section 133 | Section 135A |
|---|---|---|
| Subject | Exemption from personal appearance | Exemption from arrest and detention |
| Persons | Specified constitutional, governmental and judicial office-holders | Members of legislative bodies |
| Protection | Personal appearance | Arrest and detention |
| Purpose | Prevent compulsory personal appearance | Protect legislative functioning |
Section 135A vs Section 132 CPC
| Basis | Section 132 | Section 135A |
|---|---|---|
| Subject | Exemption from personal appearance | Exemption from arrest and detention |
| Persons | Certain women | Members of legislative bodies |
| Basis | Customs and manners relating to public appearance | Legislative membership and session |
| Protection | Personal appearance | Civil arrest and detention |
| Nature | Procedural exemption | Temporary statutory privilege |
Section 135A vs Section 134 CPC
| Basis | Section 134 | Section 135A |
|---|---|---|
| Subject | Arrest other than in execution of decree | Exemption of legislative members |
| Function | Applies Sections 55, 57 and 59 to specified arrests | Provides protection from arrest and detention |
| Persons | Persons arrested under the CPC | Members of legislative bodies |
| Key concept | “So far as may be” | Legislative session |
| Execution of decree | Deals with arrests outside execution of decree | Protection does not extend to execution of decree |
Essential Requirements of Section 135A
1. The person must be a member of a legislative body
The protection is specifically linked to membership of Parliament or a State Legislature.
2. The relevant legislative body must be within the scope of the provision
The provision applies to the legislative bodies identified by the CPC.
3. The arrest or detention must be under civil process
The provision is concerned with civil arrest and detention.
4. The arrest must fall within the protected period
The protection applies during the session and the statutory period before and after it.
5. The execution-of-decree exception must be considered
The protection does not extend to arrest or detention in execution of a decree.
Nature of the Protection
The protection under Section 135A is:
Temporary
It exists only during the period specified by the Section.
Statutory
It arises directly from the CPC.
Purpose-specific
Its purpose is to protect legislative functioning.
Not absolute
It does not prevent every form of arrest or detention and specifically does not apply to arrest or detention in execution of a decree.
Practical Example
Example:
A Member of Parliament is subject to a civil process that could result in arrest.
Parliament is scheduled to begin its session on 10 December.
The protection under Section 135A operates during the statutory period beginning fourteen days before the session and continuing throughout the session and for fourteen days after its conclusion.
During this protected period, the member is exempt from arrest and detention under civil process, subject to the statutory exception relating to execution of a decree.
Another Example
A member of a State Legislative Assembly is involved in a civil proceeding.
The State Legislature is about to commence its session.
If a civil process seeks to arrest or detain the member during the period protected by Section 135A, the statutory exemption becomes relevant.
However, if the arrest or detention is in execution of a decree, the Section 135A protection does not apply.
Important Distinction: Civil Arrest vs Criminal Arrest
Section 135A concerns civil process.
It should not be understood as creating a general immunity from criminal arrest or criminal proceedings.
The provision operates within the framework of the Code of Civil Procedure and concerns arrest and detention under civil process.
Therefore:
Section 135A is a civil procedural protection, not a general criminal immunity.
Practical Importance in Civil Litigation
Section 135A is important when civil arrest proceedings concern:
- Members of Parliament;
- Members of State Legislative Assemblies;
- Members of State Legislative Councils;
- The period immediately before a legislative session;
- The period during a legislative session;
- The period immediately after a legislative session.
Before seeking arrest of a legislator under civil process, it is important to determine:
- Whether the person is a protected member.
- Which legislative body the person belongs to.
- Whether the legislative body is in session.
- Whether the statutory fourteen-day periods apply.
- Whether the proposed arrest is connected with execution of a decree.
Common Confusions About Section 135A
1. It does not provide permanent immunity
The protection is temporary and connected with legislative sessions.
2. It does not protect against every kind of arrest
The provision concerns arrest and detention under civil process.
3. It does not protect against execution of a decree
This is an important statutory limitation.
4. The protection extends beyond the session itself
The fourteen-day periods before and after the session are important.
5. It is different from Section 135
Section 135 deals generally with exemption from arrest in specified circumstances involving Court or Tribunal attendance.
Section 135A specifically protects members of legislative bodies in connection with legislative sessions.
Related Provisions
Section 134 CPC
Deals with arrest other than in execution of a decree and applies Sections 55, 57 and 59, so far as may be, to persons arrested under the CPC.
Section 135 CPC
Provides exemption from arrest in specified circumstances, particularly in relation to attendance before Courts and Tribunals.
Section 136 CPC
Deals with the procedure where a person to be arrested or property to be attached is outside the local limits of the Court’s jurisdiction.
Importance for Law Students and Judiciary Exams
Section 135A is a section where the time period and exception are particularly important.
What to Remember
- Section 135A deals with members of legislative bodies.
- It provides exemption from arrest and detention under civil process.
- The protection is connected with the session of Parliament or a State Legislature.
- The protection begins fourteen days before the commencement of the session.
- It continues throughout the session.
- It extends for fourteen days after the conclusion of the session.
- The protection does not extend to arrest or detention in execution of a decree.
- It is a civil procedural protection and should not be confused with general immunity from criminal arrest.
Important Questions to Prepare
- What is the object of Section 135A CPC?
- Who is protected under Section 135A?
- What is the period of exemption under Section 135A?
- Does the protection extend before and after the legislative session?
- What is the significance of the fourteen-day period?
- Does Section 135A protect a member from arrest in execution of a decree?
- Distinguish Section 135 from Section 135A CPC.
- Does Section 135A provide immunity from criminal arrest?
- Explain the nature and scope of the protection under Section 135A.
Key Legal Principles
1. Legislative functioning is protected
Section 135A prevents civil arrest and detention from unnecessarily interfering with the functioning of legislative bodies.
2. The protection is temporary
It operates during the session and the specified periods immediately before and after the session.
3. The fourteen-day period is significant
The protection begins fourteen days before the session and continues for fourteen days after its conclusion.
4. The protection is not absolute
Arrest or detention in execution of a decree is outside the protection of Section 135A.
5. The provision concerns civil process
It does not create a general immunity from criminal arrest or criminal proceedings.
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 135A CPC |
| Core rule | Exemption of members of legislative bodies from arrest and detention under civil process |
| Persons covered | Members of Parliament and State Legislatures |
| Protection begins | 14 days before commencement of the session |
| During session | Protection continues |
| After session | Protection continues for 14 days |
| Important exception | No protection against arrest or detention in execution of a decree |
| Nature | Temporary statutory civil-procedure protection |
| Related sections | Sections 134, 135 and 136 CPC |
ALSO READ: Section 135 – Exemption from Arrest
Conclusion
Section 135A CPC provides a temporary exemption from arrest and detention under civil process to members of legislative bodies during the period connected with a legislative session. The protection begins fourteen days before the commencement of the session, continues throughout the session and extends for fourteen days after its conclusion.
The most important limitation is that the protection does not extend to arrest or detention in execution of a decree.
Easy Formula to Remember
Section 135A = Legislative Members + Civil Arrest/Detention + 14 Days Before + Session + 14 Days After − Execution of Decree.
