Special provisions for execution of decree for payment of money

¹[(1) Notwithstanding anything contained in this Code, the Court may, on the application of the decree-holder, detain the judgment-debtor in the civil prison for the whole or any part of the decretal amount remaining unpaid, for a term not exceeding six months or until payment is made, whichever is earlier.

(2) The expense incurred for subsistence of the judgment-debtor detained in a civil prison under this Code shall be borne by the Government.

(3) The provision of detention in the civil prison shall not apply to a judgment-debtor who is a minor or of unsound mind or who has been declared as insolvent by a competent Court or who has been substituted as successor to the original judgment-debtor by inheritance.

(4) If the judgment-debtor in the civil prison deposits not less than 25% of the decretal amount together with a bond for payment of the remaining amount within 60 days, the Court shall release him and if the judgment-debtor fails to pay the remaining decretal amount as per the conditions stated in the bond, he shall be liable to be re-arrested and detained further in the civil prison which may extend to six months.

(5) If a judgment-debtor is detained for the entire term in the civil prison under sub-rule (1) or (4), he shall not be re-arrested or detained further in the civil prison in the same execution proceeding or in any other execution proceeding arising from the same decree.

(6) If a judgment-debtor is detained in the civil prison under this rule for the whole or any part of the term of civil detention, he shall not be exempted from paying the unpaid amount of the decree.]