Section 87 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Claims And Objections To Attachment.

Code: Section 87 BNSS

Right to Challenge Attachment of Property

(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.

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Explanation of Section 87 BNSS

Purpose of Section 87

• This section provides a legal remedy for third parties who may have a genuine interest in property wrongfully attached under Section 85.
• It balances law enforcement powers with individual property rights.

Key Features of Section 87

1. Third-Party Claims Allowed
   • Only persons other than the proclaimed offender can challenge the attachment.
   • The claim must be made within six months of the attachment order.
2. Legal Representatives Can Continue Claims
   • If the claimant dies, their legal heirs can continue the objection.
3. Where to File Claims?
   • In the Court that issued the attachment order, or
   • In the Chief Judicial Magistrate’s Court (if the order was endorsed under Section 85(2)).
4. Judicial Inquiry into Claims
   • The Court must investigate whether the claim is valid or not.
   • The Chief Judicial Magistrate can assign the case to a subordinate Magistrate.
5. Right to File a Civil Suit
   • If the claim is rejected, the affected party can file a suit within one year to assert ownership.
   • Until the suit’s outcome, the Court’s attachment order remains binding.

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Illustration of Section 87 BNSS

Example 1: Wrongful Attachment of Joint Family Property

• A businessman (A) is declared a proclaimed offender, and his property is attached under Section 85.
• His brother (B) claims that part of the property is joint family property and not solely owned by A.
• B files an objection within six months in the Court that issued the attachment order.
• The Court inquires into the matter and, if satisfied, may release B’s share from attachment.

Example 2: Legal Heirs Continuing the Claim

• X files an objection regarding attached property.
• Before the case is decided, X dies.
• X’s son (Y) continues the claim as his legal representative.
• The Court examines the claim and may decide in favor of Y.

Example 3: Filing a Civil Suit After Rejection

• Z claims ownership of an attached shop but the Court rejects his claim.
• Z files a suit in the Civil Court within one year to prove his ownership.
• The attachment remains valid until the Civil Court gives a final judgment.

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Common Questions and Answers on Section 87 BNSS

1. Who can file a claim or objection under Section 87?

• Any third party (not the proclaimed offender) who has a genuine interest in the attached property.

2. What is the time limit for filing an objection?

• Within six months from the date of attachment.

3. Where should the claim be filed?

• In the Court that issued the attachment order, or
• In the Chief Judicial Magistrate’s Court (if the order was endorsed under Section 85(2)).

4. Can legal heirs continue a claim if the claimant dies?

• Yes, the legal heirs can continue the case on behalf of the deceased claimant.

5. What happens if my claim is rejected?

• You can file a civil suit within one year to establish your rights over the property.

6. Does the attachment remain in force if a suit is filed?

• Yes, until the Civil Court decides, the attachment order remains valid.

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Conclusion

Section 87 BNSS is a protective provision ensuring that innocent third parties do not suffer due to wrongful attachment of their property. It:
✅ Provides a mechanism to challenge illegal attachment
✅ Allows heirs to continue claims
✅ Ensures attachment remains until a final court decision

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