Procedural Safeguards in Executing a Decree by Arrest and Detention in the Context of Art. 21 of the Constitution of India

  • Devansh Agarwal
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  • Devansh Agarwal

    Student at Bennett University, Greater Noida, India

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The terms like “Arrest” or “Detention” usually comes into play whenever an individual is suspected of committing a criminal offence which is to be proved beyond a reasonable doubt in the court of law. However, as per Indian Law “Arrest” and “Detention” have proved to be an effective mode of enforcing a decree of a Civil Court. This mode of execution may be exercised at the sole discretion of the Decree-Holder only. If the Judgement-Debtor refuses to comply with the decree or even tries to operate in the grey area, then the Decree-Holder after crossing his T’s and dotting his I’s can enforce the decree through “Arrest”. However, the Court cannot just order arrest for mere inability to pay on the part of the Judgement-Debtor, the Court has to record reasons before ordering any arrest. This paper deals with the procedural and Constitutional aspects of “Arrest” and “Detention” as a mode of execution of a decree.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 78 - 91


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