Section 89: Appeal From Order Rejecting Application For Restoration Of Attached Property
Code: Section 137 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: Appeal From Order Rejecting Application For Restoration Of Attached Property
This section addresses the situation where a person is aggrieved by the refusal of a court to deliver property or its sale proceeds. This refusal is typically tied to Section 136 of BNSS (previously CRPC Section 88), which deals with the court’s power to order the delivery of property or its sale proceeds in certain cases. Here is a review on appeal from order rejecting application for restoration of attached property as mentioned in Section 89:
Illustration:Â
- Imagine a person, ‘A’, has a valuable painting that was stolen. The police recover the painting and it’s held by the court as evidence in a theft case against the thief, ‘B’.
- After ‘B’ is convicted, ‘A’ approaches the court to get the painting back. However, the court refuses to return the painting, citing some legal reasons.
- In this case, ‘A’ is aggrieved by the court’s refusal and can appeal to a higher court under Section 137 of BNSS.
Common Questions and Answers:
- Q: Who can appeal under this section?
- A: Any person who was referred to in Section 136 of BNSS (previously CRPC Section 88, sub-section 3) and is aggrieved by the refusal to deliver property or its sale proceeds.
- Q: To which court can the appeal be made?
- A: The appeal should be made to the court that ordinarily hears appeals from the original court’s sentences.
- Q: What happens after the appeal is filed?
- A: The higher court will review the original court’s decision. They may then order the property or proceeds to be delivered if it finds the refusal unjustified.
