Section 81 — Exemption from arrest and personal appearance
When a public officer is sued for something done in his official capacity, the Code shields him while the case runs: he cannot be arrested nor his property attached (except in executing a decree), and the Court must excuse his personal appearance if his absence would harm the public service.
How to read Section 81
Two shields
While such a suit is pending, the officer gets two protections: (a) no arrest and no attachment of his property, and (b) excusal from appearing in person.
The limit
These guard him during the suit — not after. The bar on arrest/attachment is “otherwise than in execution of a decree”, so once a decree is passed, ordinary execution applies.
Why it exists
So that public duty is not disrupted by litigation over official acts — the officer keeps serving while the case is decided.
The bare Act
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—
Section 81 stands as in the original 1908 Code — unamended. Procedure for suits by or against public officers is in Order XXVII.
Key terms decoded
A holder of public office (defined in § 2(17)). § 81 protects him only when sued for an act in his official capacity.
An act done, or claimed to be done, under colour of office — the protections attach to the official character of the act, not the officer’s private dealings.
He cannot be arrested in the suit — the usual coercive pressure on a defendant is withheld from a serving officer.
His property cannot be attached either — his assets are not frozen merely because the suit is on foot.
The crucial limit: the bar applies only before a decree. Once a decree is passed against him, it may be executed in the ordinary way.
The test in (b): if the officer’s absence from duty would harm the public service, the Court must relieve him of attending in person.
A mandatory relief — the word is “shall”. He may act through a pleader / authorised agent instead of attending court himself.
The picture — two shields, one limit
Both shields operate only while the suit is pending. The bar on arrest and attachment is expressly “otherwise than in execution of a decree” — so a decree, once passed, is executed normally.
Section 81, clause by clause
Connected provisions
Section 81 is the third step of the Government-as-litigant cluster: § 79 names the party, § 80 requires notice before suing, § 81 protects the public officer during the suit, and § 82 governs how a decree against the Government or officer is satisfied. Procedure: Order XXVII; “public officer” is defined in § 2(17).