BNSS Section 87: Claims and objections to attachment
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 6: Processes to Compel Appearance
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87.
(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.
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
- 85. Attachment of property of person absconding
- 86. Identification and attachment of property of proclaimed person
- 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