Section 136 CPC: Procedure for Arrest or Attachment Outside District
Section 136 of the Code of Civil Procedure, 1908 sets out how a civil court may obtain assistance from another district when a person to be arrested or property to be attached is beyond its local territorial limits, in proceedings other than execution of decrees.
Section 136 CPC - Statutory text
136. Procedure where person to be arrested or property to be attached is outside district.
(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the latter Court, or unless he furnishes sufficient security for his appearance before the latter Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal or at Madras or at Bombay, the copy of the warrant of arrest or of the order of attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of Small Causes of Calcutta, Madras or Bombay, as the case may be, and that Court, on receipt of the copy and amount, shall proceed as if it were the District Court.
The supplied text has been retained with obvious typographical corrections (including "or make" and "latter"). Check the official India Code portal and applicable amendments or local rules for the authoritative current text.
Meaning of Section 136 and the procedure
The provision facilitates cooperation between civil courts in different districts. It is a mechanism for implementing an arrest warrant or attachment order when the relevant person or property is outside the issuing court's district. It does not itself establish the substantive grounds on which arrest or attachment may be ordered.
- Application: A party seeks arrest or attachment under a CPC provision unrelated to decree execution.
- Territorial circumstance: The person resides, or the property is situated, outside the local jurisdiction of the court hearing the application.
- Judicial discretion: The issuing court decides whether to issue the warrant or attachment order.
- Transmission: A copy is sent to the District Court of the district concerned, with the probable costs of the proposed action.
- Local implementation: The receiving District Court acts through its officers or a subordinate court and reports back to the issuing court.
Because subsection (1) says the court may, in its discretion act, an applicant cannot treat cross-district arrest or attachment as automatic. The court must first have a lawful basis for the underlying relief.
What happens after an arrest under Section 136(3)?
Ordinarily, the court carrying out the arrest sends the arrested person to the court that issued the warrant. But subsection (3) expressly allows release in either of two situations: the arrested person shows sufficient cause why transfer should not occur, or furnishes sufficient security for appearance before the issuing court or for satisfaction of a decree that may be passed there.
The court making the arrest assesses these statutory grounds. The provision should not be confused with the separate rules governing arrest in execution of an existing decree.
Special procedure under Section 136(4)
Subsection (4) contains a specific route for a person to be arrested or movable property to be attached within the ordinary original civil jurisdiction of the historically named High Courts at Calcutta, Madras and Bombay. In those circumstances, the prescribed copy and estimated costs go to the relevant Court of Small Causes, which proceeds as though it were the District Court.
The statute uses historical institutional names. Current court nomenclature, territorial arrangements and any applicable amendments or notifications should be checked before taking procedural steps.
Related provisions of the Code of Civil Procedure
Order XXXVIII CPC addresses arrest and attachment before judgment in specified circumstances. Section 136 may facilitate the implementation of a qualifying order outside the issuing court's district, but it does not replace Order XXXVIII's substantive requirements.
Sections 38 and 39 CPC deal with courts by which a decree may be executed and transfer of decrees for execution. Those provisions address a different procedural setting from Section 136, which expressly excludes execution of decrees.
Section 134 CPC concerns safeguards applicable, so far as may be, to persons arrested under the Code. Section 135 CPC protects specified persons against civil arrest in certain circumstances. Section 135A CPC provides particular protection to members of legislative bodies.
Illustrative example
A civil court considering an application for attachment before judgment learns that the defendant's movable assets are in another district. If the conditions for an attachment order are met under the applicable CPC provisions, Section 136 provides a route for the issuing court to send the order and estimated costs to the competent District Court for implementation. Whether attachment is warranted remains a separate legal question.
Frequently asked questions
What is Section 136 CPC?
Section 136 provides a procedure for arresting a person or attaching property outside the issuing court's territorial jurisdiction under CPC provisions not concerning execution of decrees.
Does Section 136 apply to execution of a decree?
No. Subsection (1) expressly concerns provisions of the CPC not relating to execution of decrees. Execution across districts is governed by other CPC provisions.
Can the court in the other district release the arrested person?
Yes. Under subsection (3), the arresting court may release the person if sufficient cause is shown against sending the person to the issuing court, or sufficient security is furnished as specified.
Who carries out the arrest or attachment?
The receiving District Court arranges it through its own officers or a subordinate court, after receiving the order or warrant and the probable costs.
Does Section 136 include special provisions for metropolitan courts?
Yes. Subsection (4) refers to the Courts of Small Causes in Calcutta, Madras and Bombay for specified persons or movable property within the ordinary original civil jurisdiction of the named High Courts.
This article is general legal information. Local amendments, court rules and the facts of the proceeding can affect the applicable procedure.