Don't be judgmental with the above title. I explain the
difference between pay to put somebody in jail and pay
to stay in the jail concept, but these words have a more
specific meaning when it comes to the law.
What rule says:
The concept of pay to put somebody in jail in a civil case
is well defined in the code of civil procedure 1908.
For Example, Mr.A owes Rs 25000 money to Mr.B
despite said time limit to repay the money by Mr.B, Then
B file a case against Mr.A for recovery of money and send
to jail, If Mr.A fail to the execution of court decree.
Under order XXI Rule 39 (3) The Monthly allowance fixed
by the court shall be supplied by the party on whose
application the judgment debtor (Mr.A) has been
arrested by monthly payments in advance before the
first day of each month(5) Sums disbursed by the decree-holder for the subsistence of the judgment debtor in the
civil prison shall be deemed to be costs in the suit:
Provided that the judgment debtor shall not be detained
in the civil prison or arrested on account of any sum so
disbursed.
In a simplified version of the above rule:
Those who file the suit need to pay the cost to put the
defendant in jail – Cost should be bear by him else.
He/she can’t be imprisoned.
Difficult to believe that what rule says, hence most of
them never prefer for civil imprisonment judgment
debtor so they try to attach immovable property.
Section 51 of the Code of Civil Prison. If the court for
reason in writing has satisfied
(a) that the judgment-debtor, with the object or effect of
obstructing or delaying the execution of the decree-
(i) is likely to abscond or leave the local limits of the jurisdiction of the
Court, or
(ii) has, after the institution of the suit in which the
decree was passed, dishonestly transferred, concealed,
or removed any part of his property, or committed any
other act of bad faith in relation to his property, or
(b) that the judgment-debtor has or has had the date of
the decree, the means to pay the amount of the decree
or some substantial part thereof and refuses or neglects
or has refused or neglected to pay the same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account.
Explanation.-In the calculation of the means of the
judgment-debtor for the purposes of clause (b), there
shall be left out of account any property which, by or
under any law or custom having the force of law for the
time being in force, is exempt from attachment in
execution of the decree.
Section 58
Section 58 reads as under:
Detention and release-(1) Every person detained in the
civil prison in execution of a decree shall be so detained-
Where the decree is for the payment of a sum of money
exceeding five thousand rupees, for a period not
exceeding three months, and
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:
Provided that he shall be released from such detention
before the expiration of the said period of detention-
on the decree against him being otherwise fully satisfied,
oron the amount mentioned in the warrant for his
detention being paid to the officer-in-charge of the civil
prison, oron the request of the person on whose
application he has been so detained, or
on the omission by the person, on whose application he
has been so detained, to pay subsistence allowance:
Provided also, that he shall not be released from such
detention under Clause (ii) or Clause (iii), without the
order of the Court.
(1-A) 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 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.
Pay to stay in jail
Its new concept introduced by the Telangana Prison
Department runs the unique jail tourism programme
called "Feel The Jail" where a common man can spend 24
hours inside the Sanga Reddy Prison. where anyone can
stay and experience the life of a prisoner by paying Rs
500 for a day
Conclusion.
The above rule of the code of civil of procedure needs to
change because word imprisonment always creates fear
in the mind of wrongdoer, in such case if affected party
need to pay to the court not all of them are afforded.
Thisrule needs to be amended as to include the cost of
imprisonment to be bear by the judgment debtor only
will then justice will be served.
References.
Code of Civil procedure 1908
https://www.indiatoday.in/india/story/jail-tourism-2-malaysians-spend-2-days-in-telangana-s-sangareddy-prison-to-experience-prisoners-life-1156088-2018-01-28
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