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The Code of Civil Procedure, 1908: page 80

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 80, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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           (ii) the Vice-President of India;
           (iii) the Speaker of the House of the People;
           (iv) the Ministers of the Union;
           (v) the Judges of the Supreme Court;
           (vi) the Governors of States and the administrators of Union territories;
           (vii) the Speakers of the State Legislative Assemblies;
           (viii) the Chairman of the State Legislative Councils;
           (ix) the Ministers of States;
           (x) the Judges of the High Courts; and
           (xi) the persons to whom section 87B applies.]
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     (3) Where any person 2*** claims the privilege of such exemption, and it is consequently necessary to
examine him by commission, he shall pay the costs of that commission, unless the party requiring his
evidence pays such costs.
     134. Arrest other than in execution of decree.—The provisions of sections 55, 57 and 59 shall
apply, so far as may be, to all persons arrested under this Code.
     135. Exemption from arrest under civil process.—(1) No Judge, Magistrate or other judicial officer
shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.
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     (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good
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faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and
recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest
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under civil process other than process issued by such tribunal for contempt of Court while going to or
attending such tribunal for the purpose of such matter, and while returning from such tribunal.
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     (3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under
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an order for immediate execution or where such judgment-debtor attends to show cause why he should
not be committed to prison in execution of a decree.
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       [135A. Exemption of members of legislative bodies from arrest and detention under civil
process.—4[(1) No person shall be liable to arrest or detention in prison under civil process—
           (a) if he is a member of—
                 (i) either House of Parliament, or
                 (ii) the Legislative Assembly or Legislative Council of a State, or
                 (iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the
Legislative Assembly or the Legislative Council;
           (b) if he is a member of any committee of—
                 (i) either House of Parliament, or
                 (ii) the Legislative Assembly of a State or Union territory, or
                 (iii) the Legislative Council of a State,
           during the continuance of any meeting of such committee;
           (c) if he is a member of—
                 (i) either House of Parliament, or
               (ii) a Legislative Assembly or Legislative Council of a State having both such Houses, during
         the continuance of a joint sitting, meeting, conference or joint committee of the Houses of
         Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before
         and after such meeting, sitting or conference.]


1. Sub-section (2) omitted by Act 66 of 1956, s. 12 (w.e.f. 1-1-1957).
2. The words “so exempted” omitted by s. 12, ibid.
3. Ins. by Act 23 of 1925, s. 3.
4. Subs. by Act 104 of 1976, s. 45, for sub-section (1) (w.e.f. 1-2-1977).


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