Section 135A of CPC : Section 135A: Exemption of members of legislative bodies from arrest and detention under civil process.

Explanation using Example

Example 1:

Rajesh is a Member of Parliament (MP) in the Lok Sabha. He has a civil case pending against him regarding a property dispute. The court issues an arrest warrant for Rajesh under civil process. However, the Parliament is currently in session. According to Section 135A of the Code of Civil Procedure 1908, Rajesh cannot be arrested or detained under civil process while the Parliament is in session. Therefore, the arrest warrant cannot be executed until the session ends.

Example 2:

Sunita is a member of the Legislative Assembly (MLA) of Maharashtra. She is also part of a committee that is currently holding meetings to discuss new state policies. Sunita has a civil case related to a financial dispute, and the court has ordered her detention. Since Sunita is attending committee meetings, she is exempt from arrest or detention under civil process during the continuance of these meetings as per Section 135A. The authorities must wait until the committee meetings are over before they can detain her.

Example 3:

Amit is a member of the Legislative Council of Karnataka. The Legislative Council is scheduled to have a joint sitting with the Legislative Assembly to discuss a new bill. Amit has a civil case against him, and the court has issued an order for his detention. According to Section 135A, Amit cannot be detained during the joint sitting and for forty days before and after the meeting. Therefore, the authorities must wait until this period is over before they can proceed with his detention.

Example 4:

Priya is a member of the Legislative Assembly of Delhi. She has been detained under civil process due to a breach of contract case. However, the Legislative Assembly is about to start its session. Under Section 135A, Priya must be released from detention to attend the Assembly session. Once the session is over, she can be re-arrested and detained as per the original court order.