Section 133 CPC — Exemption of Other Persons

Introduction

Section 133 of the Code of Civil Procedure, 1908 deals with exemption from personal appearance in Court for certain persons holding specified constitutional, governmental and judicial offices, as well as persons to whom Section 87B applies.

The provision recognises that certain high-ranking public office-holders should not ordinarily be compelled to personally appear before a civil Court. Instead, the CPC grants them a statutory privilege of exemption from personal appearance.

The provision is concerned specifically with personal appearance. It does not mean that the person is completely outside the jurisdiction of the civil Court or that proceedings involving such a person cannot continue.

Section at a Glance

Particular	Details
Section	Section 133 CPC
Subject	Exemption of other persons from personal appearance
Nature	Procedural
Main purpose	To exempt specified persons from compulsory personal appearance in Court
Persons covered	Specified constitutional, governmental and judicial office-holders and persons covered by Section 87B
Important provision	Section 133(3) deals with examination by commission and costs

Statutory Provision

Section 133(1) provides that the following persons are entitled to exemption from personal appearance in Court:

1. The President of India
2. The Vice-President of India
3. The Speaker of the House of the People
4. The Ministers of the Union
5. The Judges of the Supreme Court
6. The Governors of States and the administrators of Union territories
7. The Speakers of the State Legislative Assemblies
8. The Chairmen of the State Legislative Councils
9. The Ministers of States
10. The Judges of the High Courts
11. Persons to whom Section 87B applies

Sub-section (2)

Sub-section (2) of Section 133 has been omitted by the Code of Civil Procedure (Amendment) Act, 1956.

Therefore, the present Section 133 does not contain the earlier provision concerning the forwarding and maintenance of lists of exempted persons.

Sub-section (3)

Section 133(3) deals with a situation where an exempted person claims the privilege of exemption and, as a consequence, it becomes necessary to examine that person by commission.

In such a case, the exempted person is required to pay the costs of the commission unless the party requiring his or her evidence pays those costs.

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Meaning of Section 133 CPC

In simple terms, Section 133 provides:

Certain persons holding specified high constitutional, governmental or judicial positions are entitled to exemption from personal appearance in Court.

The provision is based on the nature and status of the office held by the person.

Unlike Section 132, which is concerned with certain women and customs relating to public appearance, Section 133 identifies specific categories of persons who receive the privilege.

The exemption is therefore status-based rather than custom-based.

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Purpose and Object of Section 133

The purpose of Section 133 is to prevent persons holding important public offices from being unnecessarily required to personally appear before civil Courts.

The provision recognises that requiring such persons to attend Court personally may interfere with the discharge of their official responsibilities.

At the same time, the provision does not prevent their evidence from being obtained when it is legally necessary. Section 133(3) specifically provides for examination by commission and regulates the costs in such circumstances.

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Persons Entitled to Exemption

1. President of India

The President of India is expressly included among the persons entitled to exemption from personal appearance.

2. Vice-President of India

The Vice-President of India is also specifically protected.

3. Speaker of the House of the People

The Speaker of the House of the People is entitled to the exemption.

4. Ministers of the Union

Ministers of the Union fall within the statutory list.

5. Judges of the Supreme Court

Judges of the Supreme Court are expressly included.

6. Governors of States and Administrators of Union Territories

The provision covers Governors of States and administrators of Union territories.

7. Speakers of State Legislative Assemblies

Speakers of State Legislative Assemblies are entitled to exemption.

8. Chairmen of State Legislative Councils

The Chairmen of State Legislative Councils are included.

9. Ministers of States

Ministers of States are covered by the provision.

10. Judges of High Courts

Judges of the High Courts are expressly entitled to exemption.

11. Persons to whom Section 87B applies

Section 133 also covers persons to whom Section 87B applies.

This reference is significant because Section 87B deals with suits against specified former rulers and provides a special procedural protection.

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Essential Requirements of Section 133

1. The person must fall within a specified category

Section 133 does not provide a general exemption to anyone who holds an important position.

The person must belong to one of the categories expressly mentioned in Section 133(1).

2. The exemption concerns personal appearance

The statutory privilege is specifically an exemption from personal appearance in Court.

It should not be understood as a general exemption from being a party to civil proceedings.

3. The privilege does not prevent examination by commission

Where the evidence of an exempted person is necessary, the CPC allows the person to be examined by commission.

4. Costs may be payable by the exempted person

Where examination by commission becomes necessary because the person claims the exemption, Section 133(3) places the costs of that commission upon the exempted person, unless the party requiring the evidence pays those costs.

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How Section 133 CPC Works

The operation of Section 133 can be understood as follows:

1. A person falls within one of the categories specified in Section 133(1).
2. The person is entitled to exemption from personal appearance in Court.
3. The civil proceeding can continue despite the exemption.
4. If the person’s evidence is required, the Court may use the procedure of examination by commission where appropriate.
5. Where examination by commission becomes necessary because of the person’s claim to exemption, Section 133(3) determines who bears the costs.

The provision therefore protects the person’s physical attendance while preserving the ability of the Court to obtain necessary evidence.

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Personal Appearance Does Not Mean Exemption from Litigation

One of the most important points to remember is that Section 133 does not prevent civil proceedings against or involving a protected person.

The exemption is limited to personal appearance.

For example, if a High Court Judge is involved in a civil proceeding in circumstances where the CPC permits such a proceeding, Section 133 does not mean that the proceeding automatically comes to an end. The provision only protects the person from being compelled to personally appear in Court.

The Court may use appropriate procedural methods to deal with the person’s participation or evidence.

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Examination by Commission

Section 133(3) specifically deals with examination by commission.

Suppose an exempted person possesses evidence that is relevant to a civil proceeding. Requiring that person to personally attend Court would defeat the statutory privilege.

The CPC therefore allows the person’s evidence to be obtained through a commission where necessary.

The important points are:

• The person retains the privilege of exemption from personal appearance.
• The Court can nevertheless obtain the person’s evidence.
• Examination can take place through a commission where necessary.
• The exempted person ordinarily bears the cost of the commission when the commission becomes necessary because of the claimed exemption.
• The party requiring the evidence may instead pay those costs.

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Costs Under Section 133(3)

Section 133(3) contains a specific rule regarding costs.

Where an exempted person claims the privilege and examination by commission consequently becomes necessary, the person must pay the costs of the commission.

There is, however, an exception:

If the party requiring the person’s evidence pays the costs, the exempted person is not required to bear them.

This is an important examination point because the Section does not merely create the privilege; it also addresses the financial consequence of using a commission to obtain the person’s evidence.

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Section 133 and Section 132 — Important Distinction

Section 132 and Section 133 both deal with exemption from personal appearance, but they operate on different bases.

Basis	Section 132	Section 133
Subject	Certain women	Other specified persons
Basis of exemption	Customs and manners relating to public appearance	Specified status or office
Persons covered	Women satisfying the statutory condition	Persons expressly listed in Section 133
Personal appearance	Exempted	Exempted
Evidence	May be obtained through appropriate procedure	May be obtained by commission
Costs of commission	Governed by applicable procedure	Specifically dealt with by Section 133(3)

The easiest distinction to remember is:

Section 132 = exemption based on customary restriction on public appearance.

Section 133 = exemption based on specified status or office.

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Section 133 and Section 87B

Section 133 includes among the protected persons those to whom Section 87B applies.

Section 87B provides special protection concerning suits against certain former rulers. Therefore, the reference to Section 87B in Section 133 should not be treated as an independent category based merely on a person’s current constitutional or governmental office.

For examination purposes, it is sufficient to remember that persons to whom Section 87B applies are expressly included within Section 133(1).

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Statutory Rule and Judicial Interpretation

Section 133 is comparatively straightforward. Its principal rule comes directly from the statutory list.

The important distinction is therefore between:

What the statute provides

The persons expressly listed in Section 133(1) are entitled to exemption from personal appearance in Court.

Procedural consequence

Where such a person needs to be examined and examination by commission becomes necessary because the person claims the privilege, Section 133(3) regulates the costs of that commission.

The exemption should not be expanded into a general immunity from civil proceedings merely because the person holds one of the offices mentioned in the Section.

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Practical Example

Example: A civil Court requires the evidence of a sitting High Court Judge who falls within the category specified in Section 133.

The Judge is entitled to exemption from personal appearance. If the Judge’s evidence is necessary, the Court may arrange for examination by commission instead of requiring the Judge to personally appear before the Court.

Where the commission becomes necessary because the Judge claims the privilege of exemption, the costs are ordinarily payable by the exempted person unless the party requiring the evidence pays those costs.

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Another Practical Example

Example: A Union Minister is involved in a civil proceeding in which personal evidence becomes relevant.

The Minister falls within Section 133(1). The Minister therefore has the statutory privilege of exemption from personal appearance.

The exemption does not mean that the Minister’s evidence cannot be obtained. Where necessary, examination by commission can be used in accordance with the CPC.

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Common Confusions About Section 133

1. Section 133 does not exempt every government official

Only the persons specifically identified in Section 133(1) are covered.

2. The exemption is not immunity from a suit

A protected person can still be involved in civil proceedings where the law permits such proceedings.

3. Personal appearance is different from giving evidence

The person may be exempt from physically appearing in Court while still being required to provide evidence through a legally permissible procedure.

4. Section 133(3) is not a general cost exemption

The Section specifically addresses the costs of a commission when examination becomes necessary because of the claimed privilege.

5. Sub-section (2) is no longer operative

Section 133(2) was omitted by the 1956 amendment. Therefore, students should not reproduce the old sub-section (2) as part of the current provision.

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Related Provisions

Section 132 CPC

Section 132 deals with exemption of certain women from personal appearance. It is the immediately preceding provision and is useful for understanding the CPC’s broader approach to exemptions from personal appearance.

Section 87B CPC

Section 133 expressly refers to persons to whom Section 87B applies. The two provisions should therefore be read together when dealing with that category of persons.

Order XXVI CPC

Order XXVI deals with commissions, including procedures relating to examination of witnesses. It becomes relevant where an exempted person needs to be examined without requiring personal attendance before the Court.

Section 135 CPC

Section 135 deals with exemption from arrest under civil process. It is a separate protection and should not be confused with the exemption from personal appearance under Section 133.

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Practical Importance in Civil Litigation

Section 133 is particularly relevant when a civil proceeding requires the attendance or evidence of a person holding one of the offices mentioned in the Section.

An advocate should consider:

• Whether the person falls within one of the statutory categories.
• Whether personal appearance is actually required.
• Whether the person’s evidence can be obtained through a commission.
• Who will bear the costs of the commission under Section 133(3).
• Whether another CPC provision creates a separate protection or restriction.

The provision therefore helps balance the requirements of civil litigation with the responsibilities attached to important public offices.

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Importance for Law Students and Judiciary Exams

Section 133 is frequently tested through questions asking students to identify the persons entitled to exemption.

What to Remember

1. Section 133 deals with exemption of other persons from personal appearance in Court.
2. The exemption is available to specifically listed constitutional, governmental and judicial office-holders.
3. Persons to whom Section 87B applies are also included.
4. Section 133(2) has been omitted.
5. Section 133(3) deals with examination by commission.
6. When examination by commission becomes necessary because of the claimed exemption, the exempted person bears the costs unless the party requiring the evidence pays them.
7. The exemption is from personal appearance, not from civil proceedings generally.

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Important Questions to Prepare

1. What is the object of Section 133 CPC?
2. Who are the persons entitled to exemption under Section 133?
3. Explain the scope of the exemption from personal appearance under Section 133.
4. What is the effect of the omission of Section 133(2)?
5. Explain Section 133(3) relating to examination by commission.
6. Who bears the costs of a commission under Section 133(3)?
7. Distinguish Section 132 from Section 133 CPC.
8. Explain the relationship between Section 133 and Section 87B CPC.

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Key Legal Principles

1. The exemption is statutory

The persons covered by Section 133 are entitled to exemption because they fall within categories expressly recognised by the CPC.

2. The exemption is limited to personal appearance

Section 133 does not create a general immunity from civil proceedings.

3. Evidence can still be obtained

Where necessary, examination by commission can be used to obtain the evidence of an exempted person.

4. The Section specifically regulates commission costs

When examination by commission becomes necessary because of the claimed privilege, Section 133(3) places the cost on the exempted person unless the party requiring the evidence pays it.

5. Section 133(2) has been omitted

The current provision contains sub-section (1) and sub-section (3); sub-section (2) was omitted by the 1956 amendment.

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Key Takeaways

Concept	Principle
Section	Section 133 CPC
Core rule	Specified persons are exempt from personal appearance in Court
Basis	Constitutional, governmental, judicial or other specifically recognised status
Persons covered	President, Vice-President, specified legislative and executive office-holders, Supreme Court and High Court Judges, and persons to whom Section 87B applies
Sub-section (2)	Omitted
Evidence	May be obtained by commission where necessary
Costs	Governed specifically by Section 133(3)
Main distinction	Section 133 is status-based, unlike the customary basis of Section 132

ALSO READ: Section 132 – Exemption of Certain Women from Personal Appearance

Conclusion

Section 133 CPC provides a statutory exemption from personal appearance for specified constitutional, governmental and judicial office-holders and persons covered by Section 87B. The privilege is limited to personal appearance and does not prevent the Court from obtaining necessary evidence through appropriate procedures.

The most important examination point is the distinction between exemption from personal appearance and immunity from civil proceedings. Section 133 provides the former, not the latter.

Section 133 = Specified persons + exemption from personal appearance + examination by commission where necessary + special rule regarding commission costs.