Definition
A direction issued by a court that has passed a decree to another court competent to execute the decree, directing it to attach the judgment debtor's property within its jurisdiction — used when the judgment debtor's property is in a different district from the court that passed the decree.
A precept under Section 46 of the CPC is used when the property of the judgment debtor is located in a district where a different court (another district court or sub-court) has jurisdiction — and the decree-holder wants to prevent the property from being dissipated while the execution proceedings are initiated. The executing court sends a precept to the other court directing it to attach the property. The attachment under a precept is temporary (for a maximum period as specified, usually not exceeding two months) — during which period the decree-holder must file execution proceedings before the court that received the precept.
Statutory Definition
Section 46(1), Code of Civil Procedure, 1908: 'Upon the application of the decree-holder the Court which passed a decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.' Section 46(2): 'The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree.'
Etymology & Origin
From Latin 'praeceptum' (a command, order, instruction) from 'praecipere' (to instruct, to command) from 'prae' (before) + 'capere' (to take). A 'precept' is an authoritative instruction — in this context, a direction from one court to another.
Full Legal Analysis
Precept: One Court Directing Another to Protect Assets
A precept solves the practical problem of inter-district execution. When a decree is passed in Chennai but the judgment debtor’s property is in Pune, the decree-holder cannot immediately prevent the property from being transferred or sold while they file execution proceedings in Pune. The precept bridges this gap: the Chennai court directs the Pune court to immediately attach the property, giving the decree-holder time to file proper execution proceedings in Pune.
Purpose and Scope
The precept is a protective measure — it attaches property to prevent dissipation, not to execute the decree. After the precept is issued and the attachment is made, the decree-holder must: (a) within the period of the precept's validity (fixed by the court), file an application to execute the decree before the court to which the precept was sent; or (b) apply for extension of the precept period if more time is needed. Failure to file execution proceedings within the precept period leads to the attachment being released — the precept is not a substitute for execution proceedings.
Precept vs. Transfer of Execution Application
The precept is not the same as a transfer of execution: (a) Precept: Temporary attachment pending filing of execution; the executing court issues a precept to protect assets while execution is initiated elsewhere. (b) Transfer of execution (Section 39 CPC): The court that passed the decree transfers the execution proceedings to the court in whose jurisdiction the property or the judgment debtor is located — a more permanent mechanism for executing a decree in a different district.
“A precept is the law’s way of saying: hold that property right there while the legal machinery catches up. It ensures that a judgment debtor cannot use the time between a decree and execution proceedings to transfer or dissipate assets that are in a different district from the decree court.”
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"Upon the application of the decree-holder the Court which passed a decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept."
Precept: direction from decree court to another court to temporarily attach judgment debtor's property pending execution
