Section 132 — Exemption of certain women from personal appearance
A narrow, dignity-based shield. Women who, by the customs and manners of the country, ought not to be compelled to appear in public are exempt from personal appearance in Court (1). But the shield is confined to appearance: it does not exempt them from arrest in execution of civil process wherever the Code does not otherwise prohibit such arrest (2).
How to read Section 132
The exemption (1)
A qualifying woman need not appear in person in Court — she may act through a pleader or recognised agent instead.
Its limit (2)
The exemption touches appearance only. It gives no immunity from arrest in execution of civil process.
Who qualifies
Only women who, according to the customs and manners of the country, ought not to be compelled to appear in public — not every woman, automatically.
The bare Act
(1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.
(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.
→ The two sub-sections pull in opposite directions on purpose: (1) frees the qualifying woman from attending court in person; (2) makes clear that this is not a general immunity — she may still be arrested in execution wherever the Code permits. (The Code itself forbids arrest of women in execution of a decree for money — see § 56; § 132(2) leaves that and every other prohibition untouched.)
Key terms decoded
The test is social custom — women who, by prevailing usage, ought not to be compelled to appear in public. It is not a blanket exemption for all women.
Attending Court in person. The exemption lets the woman act through a pleader or recognised agent rather than appear herself.
Relieved from the obligation. The Court cannot compel a qualifying woman’s personal attendance.
Being taken into custody to enforce a decree or order. Sub-section (2) preserves this against the exemption.
The exemption yields to the Code’s own rules. The Code bars arrest of women in execution of a money decree (§ 56); elsewhere, arrest may proceed.
The dividing line of § 132: protection from coming to court, but not from being brought into custody where the law allows it.
The picture — a shield over appearance, not over arrest
§ 132 is a courtesy to social custom, not a personal immunity. It spares the qualifying woman the compulsion of appearing in court — while sub-section (2) carefully preserves every power of arrest the Code otherwise gives.
Part by part — the two sub-sections
Sub-section (1) is the relief: it removes the compulsion of personal attendance for a defined class of women, who may instead be represented.
Women who, according to the customs and manners of the country, ought not to be compelled to appear in public…
The test is social custom — not a blanket rule for all women. The woman must be one whom prevailing usage says ought not be compelled into public.
…shall be exempt from personal appearance in Court.
She need not attend in person; the Court cannot compel it. She may act through a pleader or recognised agent — her case is not prejudiced by her absence in person.
Sub-section (2) is the boundary: it stops the appearance-exemption from being read as a wider immunity. Arrest in execution remains available except where the Code itself forbids arresting women.
Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process…
The appearance-exemption is not an arrest-exemption. (1) does not shield the woman from being arrested to enforce a decree.
…in any case in which the arrest of women is not prohibited by this Code.
The only limit on that arrest is the Code’s own prohibition — e.g. § 56 bars arresting a woman in execution of a money decree. Where no such bar applies, arrest may proceed.
How the two sub-sections flow
Relief in one direction, preserved power in the other
Connected provisions
Section 132 opens Part XI’s exemptions group. It frees certain women from appearing; its sub-section (2) ties into the Code’s rules on arrest of women (notably § 56). The exemptions from arrest proper come next, at §§ 135–135A.