Law Maker

CHAPTER VI PROCESSES TO COMPEL APPEARANCE · C.—Proclamation and attachment

Section 87: Claims and objections to attachment

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.

(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

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

Questions on this section

1 question in 4 of our papers cite Section 87. Try these from the free papers:

  1. 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?

Practise questions on Bharatiya Nagarik Suraksha Sanhita