Section 58: Detention and release

 Code of Civil Procedure Section 57. Subsistence-allowance.

58. Detention and release.—(1) Every person detained in the civil prison in execution of a decree shall be so detained,—

(a) where the decree is for the payment of a sum of money exceeding ¹[²[five thousand rupees], for a period not exceeding three months, and,]

³[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.]

⁴(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed ⁵[two thousand rupees.]

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

Note: 1. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).

2. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002).

3. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).

4. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).

5. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).

Part in Red is original provisions from CPC reproduced here for reference. 

Code of Civil Procedure Section 59. Release on ground of illness.

Simplified Explanation:

Section 58 deals with detention in execution of a Civil Court decree. The provision has been amended to the effect that detention is permissible for a period of three months if the amount involved is more than five thousand rupees, and if it is more than two thousand, but less than five thousand, the detention shall not exceed six weeks. Thus, there can be no detention if the amount involved is less than two thousand rupees.

Prior to amendment, detention was permissible even if the sum of five hundred rupees was involved.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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