Skip to content

CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Anita Sharma, a Rajya Sabha member, is arrested in a civil execution matter 20 days after a joint sitting of the Houses of Parliament ended. She is released citing legislative privilege. The decree-holder asks whether he may later seek her arrest again. Under section 135A of the CPC, what is the position?

She was protected because the exemption extends for forty days after a joint sitting, and day 20 falls within it. Under section 135A(2), her release does not bar later arrest; she stays liable to re-arrest once the protected period is over.

  1. AShe was protected, since the forty-day period after a joint sitting covers her, and once released she remains liable to re-arrest later, subject to the exemptionCorrect
  2. BShe was not protected, because the exemption ends the moment the joint sitting ends
  3. CShe was protected, and the release permanently bars any further arrest in that matter
  4. DShe was not protected, because the exemption applies only to State legislators

Explanation

For a member of either House of Parliament, the exemption applies during a joint sitting, meeting, conference or joint committee and for forty days before and after it. Day 20 falls within that window. Sub-section (2) says a person released is, subject to sub-section (1), liable to re-arrest and further detention as if not released, so the release does not bar future arrest.

Did you get it right without looking?

One question tells you little. A timed set on Judicial and Administrative Framework shows your real accuracy, how long you take and where you lose marks.

Practise Judicial and Administrative FrameworkFree diagnostic mock

More Judicial and Administrative Framework questions