Introduction
Section 135 of the Code of Civil Procedure, 1908 deals with exemption from arrest under civil process.
The provision protects certain persons from arrest when they are going to, presiding in, or returning from a Court or Tribunal. It also provides protection to parties, witnesses and other persons whose presence is required before a Court or Tribunal.
The purpose is to ensure that a person is not prevented from attending judicial proceedings because of arrest under civil process.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 135 CPC |
| Subject | Exemption from arrest |
| Nature | Procedural protection |
| Main purpose | To protect specified persons from arrest under civil process |
| Protection | Before, during and after attendance at Court or Tribunal |
| Important limitation | The protection does not extend to arrest in execution of a decree |
Statutory Provision
Section 135 CPC provides exemption from arrest under civil process in specified circumstances.
The provision mainly deals with:
- Judges
- Judicial officers
- Persons acting in an official capacity in relation to a Court or Tribunal
- Parties
- Witnesses
- Other persons whose attendance is required before a Court or Tribunal
The protection applies when such persons are going to attend, are attending, or are returning from the relevant Court or Tribunal.
However, the exemption is subject to the important limitation contained in the provision regarding execution of a decree.
Meaning of Section 135 CPC
In simple words:
Section 135 protects certain persons from arrest under civil process while they are attending Court or Tribunal proceedings and while travelling to or returning from such proceedings.
The purpose is to ensure that judicial proceedings are not obstructed by civil arrest.
For example, if a person has been summoned as a witness and is travelling to Court to give evidence, the person may receive protection from arrest under civil process during the period covered by Section 135.
Purpose and Object of Section 135
The principal purpose of Section 135 is to ensure the free and effective administration of justice.
A person required to appear before a Court or Tribunal should not ordinarily be prevented from fulfilling that obligation because of arrest under civil process.
The provision therefore creates a temporary protection surrounding attendance before judicial or quasi-judicial authorities.
It balances two competing considerations:
- Enforcement of civil process; and
- The need to ensure that Courts and Tribunals can obtain the attendance of necessary persons.
Persons Protected Under Section 135
Section 135 provides protection to specified categories of persons.
1. Judges
Judges are protected from arrest under civil process while acting in their judicial capacity and while attending or returning from Court in circumstances covered by the provision.
The protection is intended to ensure that judicial functions are not interfered with by civil arrest.
2. Judicial Officers
Judicial officers also receive protection in circumstances covered by Section 135.
This protection recognises the importance of allowing judicial officers to perform their official duties without interruption by civil arrest.
3. Persons Acting Judicially
The provision also extends protection to persons who are required to perform functions connected with judicial proceedings.
The underlying principle is that persons performing judicial or tribunal-related functions should be able to carry out those responsibilities without interference from civil arrest.
4. Parties to Proceedings
A party whose attendance is required before a Court or Tribunal can claim the protection provided by Section 135 when the statutory conditions are satisfied.
The protection facilitates the person’s ability to participate in the judicial proceeding.
5. Witnesses
Witnesses are an important category protected by the provision.
A witness may be required to attend Court to give evidence. Section 135 prevents civil arrest from interfering with such attendance in circumstances covered by the Section.
The protection is therefore closely connected with the administration of justice.
When Does the Protection Apply?
The protection under Section 135 generally operates during three stages:
1. Going to Court or Tribunal
A protected person receives protection while proceeding to the Court or Tribunal for the purpose of attending the proceedings.
2. Attendance Before Court or Tribunal
The protection applies while the person is attending the relevant judicial or tribunal proceeding.
3. Returning from Court or Tribunal
The protection also extends to the person’s return journey after attending the proceeding.
Therefore, the protection is not restricted only to the period when the person is physically inside the courtroom.
Important Limitation — Execution of Decree
One of the most important points under Section 135 is that the exemption does not operate in the same manner where the arrest is in execution of a decree.
The protection provided by Section 135 must therefore be distinguished from the provisions dealing with arrest in execution of decrees.
This is a frequently tested distinction.
Remember:
Section 135 = Protection from arrest under civil process in specified circumstances.
But the protection is subject to the statutory exception relating to execution of a decree.
Section 135 and Attendance Before a Court or Tribunal
The provision is designed to ensure that people can attend judicial proceedings without fear of being arrested under civil process.
For example:
Example: A witness is summoned to appear before a civil Court. While travelling to Court for the purpose of giving evidence, the witness would ordinarily be protected from arrest under civil process during the period covered by Section 135.
The objective is to ensure that the witness can reach the Court and perform the legal obligation to give evidence.
Section 135 and Witnesses
The protection given to witnesses is particularly important.
A witness may be legally required to appear before a Court. If civil arrest could take place while the witness was travelling to or attending Court, the administration of justice could be disrupted.
Section 135 therefore provides protection to ensure that:
- The witness can attend Court.
- The witness can give evidence.
- The witness can return after attending the proceedings.
- Civil arrest does not unnecessarily interfere with the judicial process.
Section 135 vs Section 134 CPC
These two provisions are closely related to arrest but serve different purposes.
| Basis | Section 134 | Section 135 |
|---|---|---|
| Subject | Arrest other than in execution of decree | Exemption from arrest |
| Main purpose | Applies Sections 55, 57 and 59 to specified arrests | Protects specified persons from arrest in specified circumstances |
| Nature | Procedural extension | Exemption/protection |
| Key persons | Persons arrested under the CPC | Judges, judicial officers, parties, witnesses and other protected persons |
| Important concept | Sections 55, 57 and 59 | Attendance before Court or Tribunal |
| Key limitation | Arrest must otherwise be authorised | Subject to statutory exceptions, including execution of decree |
Easy way to remember:
Section 134 tells us what arrest-related provisions apply after a qualifying arrest.
Section 135 tells us when certain persons are protected from arrest.
Section 135 vs Section 132 CPC
Section 132 and Section 135 both provide protection connected with civil procedure, but they concern different matters.
| Basis | Section 132 | Section 135 |
|---|---|---|
| Protection | Exemption from personal appearance | Exemption from arrest |
| Main beneficiaries | Certain women | Specified persons attending Court or Tribunal and other protected categories |
| Basis | Customs and manners | Statutory circumstances |
| Main objective | Avoid compulsory personal appearance | Ensure attendance at judicial proceedings |
| Arrest | Does not generally provide immunity from arrest | Specifically deals with exemption from arrest |
Section 135 vs Section 133 CPC
| Basis | Section 133 | Section 135 |
|---|---|---|
| Subject | Exemption from personal appearance | Exemption from arrest |
| Persons | Specified constitutional, governmental and judicial office-holders | Persons covered by the conditions of Section 135 |
| Protection | Personal attendance | Arrest under civil process |
| Purpose | Prevent compulsory personal appearance | Prevent interference with attendance at Court or Tribunal |
The distinction is straightforward:
Section 133 protects against personal appearance.
Section 135 protects against arrest.
Essential Requirements of Section 135
For the protection to operate, the relevant statutory conditions must be satisfied.
1. There must be a civil process involving arrest
The protection concerns arrest under civil process.
2. The person must fall within the protected category
The person must be a judge, judicial officer, party, witness or another person covered by the provision.
3. The person must be connected with attendance before the Court or Tribunal
The protection is connected with going to, attending, or returning from the relevant judicial proceeding.
4. The statutory limitation must be considered
The protection cannot be treated as an absolute immunity from all forms of arrest.
The exception relating to execution of a decree is particularly important.
Practical Example
Example 1 — Witness
A witness receives a summons to appear before a civil Court. The witness travels to Court to give evidence.
During the period covered by Section 135, the witness receives protection from arrest under civil process so that the witness can attend the proceeding.
After completing the attendance, the protection also extends to the return journey as provided by the Section.
Example 2 — Party
A party is required to personally attend a proceeding before a Court.
The party is protected from arrest under civil process while going to Court, attending the proceeding and returning from Court, subject to the limitations contained in Section 135.
Nature of the Protection
The protection under Section 135 is essentially temporary and purpose-specific.
It is not a permanent immunity from arrest.
The protection is connected with:
- The person’s attendance;
- The journey to Court or Tribunal;
- The period of attendance; and
- The return from Court or Tribunal.
Once the statutory conditions cease to exist, the protection cannot automatically be treated as continuing indefinitely.
Important Point: Exemption Does Not Mean Immunity from Every Legal Consequence
Section 135 should not be interpreted as granting complete immunity from every type of arrest or legal proceeding.
The provision is limited to the circumstances expressly contemplated by the CPC.
Therefore, while applying Section 135, it is necessary to ask:
- Who is the person?
- Why is the person attending Court?
- Is the person going to, attending, or returning from Court?
- What kind of civil process is involved?
- Does an exception under the CPC apply?
Practical Importance in Civil Litigation
Section 135 is important for advocates dealing with:
- Witness attendance;
- Parties required to attend proceedings;
- Judicial officers;
- Persons connected with tribunals;
- Civil arrest proceedings;
- Execution proceedings involving arrest.
Before seeking or resisting arrest, the practitioner should examine whether the person falls within the statutory protection.
Common Confusions About Section 135
1. Section 135 does not protect everyone from arrest
Only persons and circumstances covered by the provision receive the statutory protection.
2. It is not a permanent exemption
The protection is linked to attendance before Court or Tribunal and the relevant journey.
3. It is different from Section 133
Section 133 concerns exemption from personal appearance.
Section 135 concerns exemption from arrest.
4. It is different from Section 134
Section 134 deals with the application of certain arrest-related provisions to arrests other than in execution of a decree.
Section 135 provides protection against arrest in specified circumstances.
5. Execution of decree is an important exception
The protection under Section 135 must be read together with its statutory limitation concerning arrest in execution of a decree.
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 135A CPC
Provides exemption from arrest under civil process in certain circumstances for members of legislative bodies.
This provision should be distinguished from Section 135.
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 jurisdiction of the Court.
Importance for Law Students and Judiciary Exams
Section 135 is commonly tested through questions concerning the distinction between personal appearance and arrest.
What to Remember
- Section 135 deals with exemption from arrest.
- It protects specified persons from arrest under civil process in circumstances connected with attendance before a Court or Tribunal.
- The protection covers the journey to Court, attendance and return journey, subject to the statutory conditions.
- Judges and judicial officers receive protection in the circumstances specified by the provision.
- Parties and witnesses may also receive protection when the statutory conditions are satisfied.
- The protection is not an unlimited or permanent immunity from arrest.
- The provision contains an important limitation concerning arrest in execution of a decree.
- Section 135 should be distinguished from Sections 134 and 135A.
Important Questions to Prepare
- What is the object of Section 135 CPC?
- Who are the persons protected under Section 135?
- When does the exemption from arrest operate?
- Does Section 135 provide permanent immunity from arrest?
- Explain the protection available to witnesses under Section 135.
- Distinguish Section 134 from Section 135 CPC.
- Distinguish Section 133 from Section 135 CPC.
- What is the relationship between Section 135 and execution of a decree?
- What is the significance of Section 135A CPC?
Key Legal Principles
1. Section 135 protects attendance before judicial authorities
The provision ensures that civil arrest does not ordinarily prevent persons from fulfilling their obligation to attend Court or Tribunal proceedings.
2. The protection extends beyond the courtroom
The protection is connected not only with attendance but also with going to and returning from the Court or Tribunal.
3. The protection is temporary
It operates only within the circumstances contemplated by the Section.
4. The protection is not absolute
The statutory exceptions and limitations must always be considered.
5. Section 135 is different from Section 134
Section 134 concerns the procedural treatment of certain arrests, while Section 135 concerns exemption from arrest.
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 135 CPC |
| Core rule | Exemption from arrest under civil process in specified circumstances |
| Main purpose | Protect attendance before Courts and Tribunals |
| Persons | Specified judges, judicial officers, parties, witnesses and other persons covered by the provision |
| Protection period | Going to Court, attending Court and returning from Court |
| Nature | Temporary and purpose-specific |
| Important limitation | Subject to the statutory exception concerning execution of decree |
| Related provisions | Sections 134, 135A and 136 CPC |
ALSO READ: Section 134 – Arrest Other Than in Execution of Decree
Conclusion
Section 135 CPC provides an important procedural safeguard against arrest under civil process for persons who are required to attend Court or Tribunal proceedings. Its purpose is to ensure that civil arrest does not interfere with the administration of justice.
The protection is not absolute. It applies only to the persons and circumstances specified by the CPC and must be read subject to the statutory limitations, particularly those relating to execution of decrees.
Easy Formula to Remember
Section 135 = Exemption from Arrest + Court/Tribunal Attendance + Going to Court + Attending Court + Returning from Court + Statutory Limitations.
Section 135 CPC protects specified persons from arrest under civil process in circumstances connected with their attendance before Courts or Tribunals.
