Seizure of Property in a Dwelling-House
Execution lets an officer walk into a home and carry off a debtor’s goods. Section 62 sets the manners of that intrusion — when he may enter, how far he may force doors, and the courtesy owed to a secluded woman of the house.
How to read Section 62
Section 51(b) lets the Court enforce a money decree by attachment and sale of movable property — goods that usually sit inside someone’s home. Section 62 is the code of conduct for the officer’s body as it crosses the threshold. Read it as three gates on one act of entry.
An officer carrying a seizure warrant may not enter a dwelling-house after sunset and before sunrise. The home is inviolate at night.
The outer door may be broken only against the debtor who refuses access; once lawfully inside, an inner room may be forced on reason to believe the goods are there.
If a room is occupied by a woman who by custom does not appear in public, she must get notice, reasonable time and facility to withdraw before the officer enters.
The bare Act
(1) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
Section 62 stands today exactly as enacted in the Code of Civil Procedure, 1908. It has never been amended, and no State amendment touches it.
Key terms decoded
The Court’s written command (here, a warrant of attachment) carried out by an officer — the paper that “directs or authorizes” the seizure.
Physically taking possession of the debtor’s goods — furniture, cash, ornaments, tools — under a warrant.
A building actually used as a residence — not a shop, godown or office. The protection attaches because people live there.
The hours of darkness. Entry to seize is barred during this window — the “no night raids” rule.
The main external door giving entry into the house itself — distinguished from the inner door of a room.
The debtor himself must be living in / holding that house. A third person’s outer door may not be broken.
The debtor actively shuts the officer out or obstructs his entry — the trigger that justifies forcing the outer door.
Lawfully got inside (peacefully, or by lawfully breaking the outer door under sub-section 2). Only then do the inner-room powers open up.
To force a door by physical means. Permitted only within the strict limits the section draws.
An honest belief on objective grounds — not mere whim — that the seizable goods are inside that particular room.
A room in which such a woman is in fact present and residing — the situation that triggers the seclusion safeguard.
A woman who, by the social custom she observes (e.g. purdah/seclusion), does not show herself to outside men.
Free to leave the room before the officer enters — she must be told of this freedom by notice.
Enough time, and a practical means/route, to leave with dignity before the officer steps in.
Secret spiriting-away of the goods. The officer must guard against the withdrawal being used as cover to smuggle property out.
Every precaution he takes must still respect the seclusion safeguard — he cannot use “preventing removal” as an excuse to ignore her right to withdraw.
The picture — one entry, gated three ways
One act of entry, narrowed by three gates in order — time (1), then force (2), then dignity (3). Each must be cleared before the next matters.
Section 62, part by part
Each sub-section is a separate gate. Switch tabs to walk through its operative phrases.
How the three sub-sections work as one body
The principle behind it
A dwelling is a sanctuary; even the State’s lawful officer may cross its threshold only on strict, measured terms — the very discipline Section 62 imposes on the act of seizure.
Connected provisions
Section 62 governs the manner of a seizure whose power and targets come from neighbouring sections.