Code of Civil Procedure, 1908 · Chapter XI: Miscellaneous
Section 135A: Exemption of members of legislative bodies from arrest and detention under civil process
In plain words
Members of Parliament, State Legislatures and Union territory Assemblies cannot be arrested or detained under civil process during meetings of their House or its committees, or joint sittings, and during the forty days before and after. Once released, they can be re-arrested afterwards.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
[(1) No person shall be liable to arrest or detention in prison under civil process—
(a) if he is a member of—
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of—
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of—
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be,
and during the forty days before and after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 135A
No Supreme Court judgment in our database cites this section yet.