Section 85 BNSS: Attachment of property of person absconding

Section 85: Attachment of property of person absconding

(1) The Court issuing a proclamation under section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,—

(a) is about to dispose of the whole or any part of his property; or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment of property simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases—

(a) by taking possession; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

85	83. Attachment of property of person absconding.

Questions on this section

4 questions in 17 of our papers cite Section 85. Try these from the free papers:

1. Consider the following statements regarding property attached under Section 85 of the BNSS: 1. A person other than the proclaimed person may prefer a claim or objection to the attachment within six months from the date of attachment. 2. A person whose claim or objection has been disallowed may institute a suit to establish his right within one year from the date of the order. 3. A proclaimed person whose attached property is at the disposal of the State Government can obtain its restoration only if he appears, or is brought, before the Court within three years from the date of attachment. Which of the statements given above is/are correct?
2. Property of a proclaimed person attached under Section 85 of the BNSS was placed at the disposal of the State Government. A person who claims under Section 88(3) and is aggrieved by the refusal to deliver the property or the proceeds of its sale may, under Section 89,
3. A Court is about to issue a proclamation under Section 84 of the BNSS against Y, who is absconding. It is satisfied on affidavit that Y is about to remove the whole of his movable property out of the Court's local jurisdiction. Under Section 85 of the BNSS, the Court