Section 85 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Attachment Of Property Of Person Absconding.

Code: Section 85 BNSS

Attachment of Property of a Proclaimed Person

85. (1) The Court issuing a proclamation under Section 84 BNSS may, for reasons to be recorded in writing, at any time after the issuance of the proclamation, order the attachment of any property, movable or immovable, belonging to the proclaimed person:
Provided that, if at the time of issuing the proclamation, the Court is satisfied (by affidavit or otherwise) that the person—
(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,
the Court may order the attachment of property simultaneously with the issuance of the proclamation.

(2) The order shall authorize the attachment of:

• Any property belonging to such person within the district in which the order is made.
• Any property outside such district, if endorsed by the District Magistrate where the property is located.

(3) If the attached property is a debt or other movable property, the attachment shall be made by:
(a) Seizure;
(b) Appointment of a receiver;
(c) Prohibiting delivery of such property to the proclaimed person or anyone on their behalf;
(d) Any two or more of the above methods, as the Court deems fit.

(4) If the attached property is immovable, the attachment shall be made:

• Through the Collector of the district (if the land pays revenue to the government).
• Otherwise, by:
  (a) Taking possession,
  (b) Appointing a receiver,
  (c) Prohibiting the payment of rent or delivery of property to the proclaimed person or their representative,
  (d) Any two or more of the above methods, as the Court deems fit.

(5) If the attached property consists of live-stock or perishable goods, the Court may order immediate sale, and the sale proceeds shall be kept as per the Court’s direction.

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

Explanation of Section 85 BNSS

Key Provisions of Section 85 BNSS

1. Attachment of Property of a Proclaimed Person

   • If a person is declared absconding under Section 84 BNSS, the Court may attach their property to prevent them from benefiting from it.

2. Immediate Attachment in Certain Cases

   • If the Court believes that the absconding person is trying to sell or transfer their property, the attachment can be ordered simultaneously with the proclamation.

3. Attachment of Property Across Jurisdictions

   • If the property is within the district, it can be attached directly.
   • If outside the district, it requires endorsement from the District Magistrate where the property is located.

4. Methods of Attachment

   • For movable property: Seizure, appointment of a receiver, or prohibiting delivery of the property.
   • For immovable property: Taking possession, appointing a receiver, or restricting rent/payment transactions.

5. Special Provisions for Perishable Property

   • If the property consists of livestock or perishable goods, the Court may order its immediate sale. The proceeds are held under Court orders.

6. Receiver’s Role and Responsibilities

   • A receiver appointed under this section has the same powers, duties, and liabilities as a receiver under the Code of Civil Procedure, 1908.

Illustration

Example 1: Property Attachment for an Absconding Businessman

A businessman accused of financial fraud absconds to evade arrest. The Court, under Section 84 BNSS, issues a proclamation for him to appear. However, since there is evidence that he is selling his assets, the Court simultaneously orders the attachment of his bank accounts and real estate.

Example 2: Attachment of Immovable Property

A person accused of murder flees to another state. His house is in Delhi, while his agricultural land is in Uttar Pradesh.

• The Delhi Court attaches the house directly.
• For the land in UP, the District Magistrate of UP must endorse the attachment order before it takes effect.

Example 3: Sale of Perishable Goods

A proclaimed offender owns a dairy farm with cattle and milk stocks. Since the milk is perishable, the Court orders its immediate sale, and the money is deposited in the Court’s custody.

Common Questions and Answers on Section 85 BNSS

1. When can the Court attach property under Section 85 BNSS?

• After issuing a proclamation under Section 84 BNSS.
• Immediately, if there is proof that the absconding person is trying to sell or transfer their property.

2. Can both movable and immovable property be attached?

Yes, the Court can attach both movable and immovable property.

3. What happens if the property is in another district?

The District Magistrate of that district must endorse the attachment order.

4. What happens if the attached property is perishable?

The Court can order immediate sale, and the money will be kept under Court direction.

5. What are the duties of a receiver under Section 85 BNSS?

The receiver manages the attached property following the Code of Civil Procedure, 1908.

Conclusion

Section 85 BNSS ensures that proclaimed offenders cannot misuse their property while evading justice. The provision:
✅ Prevents absconders from selling/transferring assets
✅ Ensures legal control over movable and immovable property
✅ Allows immediate action in urgent cases
✅ Protects perishable assets from loss

By strengthening legal enforcement, this section plays a key role in ensuring justice!

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