Section 81 of CPC : Section 81: Exemption from arrest and personal appearance.

Explanation using Example

Example 1:

Mr. Sharma, a government officer working in the Public Works Department, is sued by a contractor for allegedly not approving a construction project on time. The contractor claims that Mr. Sharma's delay caused financial losses. Since Mr. Sharma is being sued for actions taken in his official capacity, he cannot be arrested or have his property attached unless there is a court decree against him. Additionally, if the court finds that Mr. Sharma's presence at work is crucial for public service, it can exempt him from appearing in person for court hearings.

Example 2:

Ms. Gupta, a senior police officer, is sued by a citizen for wrongful detention during a public protest. The citizen claims that Ms. Gupta's actions were unlawful and caused personal harm. As Ms. Gupta was performing her duties as a public officer, she is protected under Section 81 of the Code of Civil Procedure, 1908. This means she cannot be arrested or have her property seized unless a court decree is issued. Furthermore, if the court determines that her absence from duty would negatively impact public safety, it can excuse her from attending court in person.