Student at Bennett University, Greater Noida, India
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
DOI: https://doij.org/10.10000/IJLSI.11694This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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