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Report No. 135

Chapter IV

The Code of Civil Procedure, 1908 and Women in Custody

4.1. Arrest under the Code.-

In order to complete cur coverage of procedural laws, we may deal, in brief, with the Code of Civil Procedure. So far as we can see, a person can be arrested under that Code, either-(i) when he is a witness who does not appear in obedience to a summons issued by the civil court,1 or (ii) is a person in respect of whom arrest before judgment may become necessary2 because of certain improper conduct on his part during the pendency of the litigation, or (iii) if, after the passing of a decree against him, he fails to satisfy the decree, and the decree is of such a nature that a warrant of arrest can be issued against him in execution.3

1. Order 16, rule 10(3), C.P.C.

2. Order 38, rule 1, C.P.C.

3. Order 21, rule 32, et seq., C.P.C., read with section 51, C.P.C. and Order 21, rule 30, C.P.C.

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