Arrest of women in debt recovery proceedings is barred where incorporated execution rules protect against civil prison detention.

The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 allows recovery through the statutory modes in sections 25 and 28, and section 29 applies the Second and Third Schedules to the Income-tax Act, including the procedural safeguard in Rule 81 of the Second Schedule. Because Rule 81 prohibits arrest of women, and the phrase "as far as possible" requires incorporated safeguards to operate unless truly impossible, the recovery procedure does not permit arrest or detention of a woman in civil prison for execution of a recovery certificate. Earlier observations suggesting otherwise were distinguished as not considering section 29 and the incorporated recovery scheme.

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Issues: Whether a woman can be arrested and detained in civil prison in proceedings for recovery of debt certified by the Debts Recovery Tribunal.

Analysis: The statutory scheme under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 gives the Recovery Officer the power to recover debts through the modes specified in sections 25 and 28, and section 29 makes the Second and Third Schedules to the Income-tax Act, 1961 applicable, as far as possible, to execution of recovery certificates. The incorporated procedure includes the protection contained in Rule 81 of the Second Schedule, which prohibits arrest of women. The expression "as far as possible" requires application of the incorporated safeguards unless their application is impossible in the particular context. Earlier observations suggesting that section 25 permits arrest of women were distinguished because they did not consider the effect of section 29 and the incorporated recovery procedure.

Conclusion: A woman cannot be arrested and detained in civil prison for recovery of debt under the Act.

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