§ MR. HOPWOODasked the Secretary of State for India, Whether the attention of the Government of India has been turned to the evils of the Law which 391 sanctions imprisonment, of a large number of persons, for debt in that Country; whether it is a fact that a vindictive creditor in Madras may keep the debtor for a long time in gaol, on paying for him, as subsistence money, if he be destitute, seven rupees per month, while the prisoner costs the Government, on the average, twenty-six rupees per month; and, whether the whole subject is likely to be early considered, with a view to the reform of the Law?
THE MARQUESS OF HARTINGTONThe law relating to the imprisonment of judgment debtors in India is contained in the Indian Civil Procedure Code (Act 14 of this year). No one can (Section 342) be imprisoned in execution of a decree of a Civil Court for a longer period than six months, or for a longer period than six weeks, if the decree is for a sum not exceeding 50 rupees; and a debtor who has once been discharged cannot be re-arrested under the decree in execution of which he was imprisoned. As to the maintenance of debtors in prison, the Local Government is empowered (Section 338) to prescribe scales, graduated according to rank, race, and nationality, of monthly subsistence allowances. The subsistence allowance is payable by the decree holder in advance; and when the prisoner is committed to gaol the Court formally fixes the amount, fixing it according to the scales prescribed by the Local Government; or, if no such scales have been prescribed, allowing such sum as seems necessary with reference to the class to which the debtor belongs (Section 339). I have no information as to what are the scales of such subsistence allowance in common use in Madras. The Civil Procedure Code has this year been revised and re-enacted; and I have no reason to suppose that the Government of India contemplates any further amendment of the law at present.