Section 58 of CPC : Section 58: Detention and release.

Explanation using Example

Example 1:

Scenario: Rajesh owes Ramesh Rs. 10,000 as per a court decree. Rajesh fails to pay the amount within the stipulated time.

Application of Section 58:

• Since the amount exceeds Rs. 5,000, Rajesh can be detained in civil prison for a period not exceeding three months.
• Rajesh is detained for three months as per the court's order.
• After three months, Rajesh is released from civil prison. However, his release does not mean that his debt of Rs. 10,000 is cleared. He still owes Ramesh the money but cannot be re-arrested for the same decree.

Example 2:

Scenario: Sunita owes Priya Rs. 3,500 as per a court decree. Sunita fails to pay the amount within the stipulated time.

Application of Section 58:

• Since the amount exceeds Rs. 2,000 but does not exceed Rs. 5,000, Sunita can be detained in civil prison for a period not exceeding six weeks.
• Sunita is detained for six weeks as per the court's order.
• After six weeks, Sunita is released from civil prison. However, her release does not mean that her debt of Rs. 3,500 is cleared. She still owes Priya the money but cannot be re-arrested for the same decree.

Example 3:

Scenario: Anil owes Vijay Rs. 1,500 as per a court decree. Anil fails to pay the amount within the stipulated time.

Application of Section 58:

• Since the amount does not exceed Rs. 2,000, Anil cannot be detained in civil prison for failing to pay the amount.
• The court cannot issue an order for Anil's detention in civil prison for the decree amount of Rs. 1,500.
• Vijay will need to explore other legal avenues to recover the amount from Anil, but detention is not an option in this case.