Section 134 — Arrest other than in execution of decree
A small bridging provision. The arrest safeguards of §§ 55, 57 and 59 — the manner of arrest, the subsistence allowance, and release on the ground of illness — were written for arrest in execution of a decree. Section 134 carries them across to all persons arrested under this Code, so far as may be — including arrests on other grounds, such as arrest before judgment.
How to read Section 134
It borrows three sections
It makes §§ 55, 57 and 59 — the core arrest safeguards — apply beyond their original home of execution of a decree.
To every arrest
They apply to all persons arrested under this Code — whatever the ground of arrest, not only execution.
“So far as may be”
The borrowed provisions apply with necessary adaptations — to the extent they sensibly can in the new setting.
The bare Act
The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.
In short: the safeguards that govern arrest in execution — how the arrest is made (§ 55), the subsistence allowance (§ 57) and release on illness (§ 59) — are extended to every person the Code allows to be arrested. (§§ 56 and 58 are not among those carried across.)
→ §§ 55, 57 and 59 sit in the Code’s execution machinery (Part II). § 134 lifts them out and applies them to any arrest under the Code — for instance, a person arrested before judgment under Order XXXVIII gets the same safeguards. The phrase “so far as may be” adapts them to that different context.
Key terms decoded
How an arrest is made and its limits — the time and manner, entry into a dwelling-house, and the protection of women’s apartments.
The monthly allowance for the subsistence of an arrested person in custody — the scale the State Government fixes.
The power to release a person under arrest or detention who is seriously ill.
Arrest the Code authorises on grounds besides enforcing a decree — e.g. arrest before judgment (Order XXXVIII).
Every arrest the Code permits, whatever its basis — the safeguards do not depend on why the person was arrested.
Apply the borrowed sections as far as they sensibly can — with the adaptations the new context requires.
The picture — execution safeguards, extended to every arrest
§ 134 does no new work of its own — it is a conduit. It ensures that whoever is arrested under the Code, and on whatever ground, carries the same basic protections the Code already gives to those arrested in execution.
Part by part — the one sentence, limb by limb
The provisions of sections 55, 57 and 59 shall apply…
It picks up three sections from the execution machinery — § 55 (manner of arrest), § 57 (subsistence allowance) and § 59 (release on illness). Pointedly not § 56 or § 58.
…shall apply, so far as may be…
They apply with adaptation — to the extent they sensibly can in a setting other than execution. Not a rigid, word-for-word transplant.
…to all persons arrested under this Code.
The reach is universal within the Code: any person it authorises to be arrested — whatever the ground — gets these safeguards. The title’s “other than in execution” flags the gap it fills.
What the three borrowed sections carry
§ 134 is a conduit — here is what flows through it
Each borrowed section is a protection for the person under arrest; § 134 makes sure none of them depends on the arrest being in execution.
Connected provisions
Section 134 reaches back into the Code’s execution machinery (§§ 55–59) and forward to any arrest the Code allows — notably arrest before judgment (Order XXXVIII). It sits in Part XI’s exemptions-and-arrest group, beside §§ 132–133 and the arrest-exemptions at §§ 135–135A.