BNSS Section 85: Attachment of property of person absconding
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 6: Processes to Compel Appearance
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85.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 63. Form of summons
- 64. Summons how served
- 65. Service of summons on corporate bodies, firms and societies
- 66. Service when persons summoned cannot be found
- 67. Procedure when service cannot be effected as before provided
- 68. Service on Government servant
- 69. Service of summons outside local limits
- 70. Proof of service in such cases and when serving officer not present
- 71. Service of summons on witness
- 72. Form of warrant of arrest and duration
- 73. Power to direct security to be taken
- 74. Warrants to whom directed
- 75. Warrant may be directed to any person
- 76. Warrant directed to police officer
- 77. Notification of substance of warrant
- 78. Person arrested to be brought before Court without delay
- 79. Where warrant may be executed
- 80. Warrant forwarded for execution outside jurisdiction
- 81. Warrant directed to police officer for execution outside jurisdiction
- 82. Procedure on arrest of person against whom warrant issued
- 83. Procedure by Magistrate before whom such person arrested is brought
- 84. Proclamation for person absconding
- 86. Identification and attachment of property of proclaimed person
- 87. Claims and objections to attachment
- 88. Release, sale and restoration of attached property
- 89. Appeal from order rejecting application for restoration of attached property
- 90. Issue of warrant in lieu of, or in addition to, summons
- 91. Power to take bond or bail bond for appearance
- 92. Arrest on breach of bond or bail bond for appearance
- 93. Provisions of this Chapter generally applicable to summons and warrants of arrest