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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part IV: Suits In Particular Cases

Section 81 CPC: Exemption from arrest and personal appearance

Bare Act text

81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—

(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,

(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In a suit against a public officer for an act purporting to be done in his official capacity, the defendant is not liable to arrest, nor his property to attachment, except in execution of a decree. Where the Court is satisfied that the defendant cannot absent himself from duty without detriment to the public service, it must exempt him from appearing in person.

Part IV: Suits In Particular Cases

  1. 79 Suits by or against Government
  2. 80 Notice
  3. 81 Exemption from arrest and personal appearance
  4. 82 Execution of decree
  5. 83 When aliens may sue
  6. 84 When foreign States may sue
  7. 85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  8. 86 Suits against foreign Rulers, Ambassadors and Envoys
  9. 87 Style of foreign Rulers as parties to suits
  10. 87A Definitions of “foreign State” and “Rulers”
  11. 87B Application of sections 85 and 86 to Rulers of former Indian States
  12. 88 Where interpleader-suit may be instituted