Section 88: Release, Sale And Restoration Of Attached Property
This section deals with the release, sale and restoration of attached property
Code:
BNSS Section 88
Explanation: Release, Sale And Restoration Of Attached Property
This section outlines the procedure for dealing with property attached when a person is
proclaimed as an absconder. It specifies the conditions under which the attached
property is released, disposed of, or sold.
- Subsection (1): If the proclaimed person appears within the time
specified in the proclamation, the Court releases the attached property. - Subsection (2): If the proclaimed person does not appear within the
specified time, the property comes under the State Government’s disposal.
However, it cannot be sold until six months from the attachment date and until
any claims or objections under Section 87 are resolved. The Court may authorize
an earlier sale if the property is perishable or if selling it benefits the
owner. - Subsection (3): If the owner appears voluntarily or is apprehended
within two years from the attachment date, and proves that they did not abscond
to avoid execution and did not receive proper notice of the proclamation, the
Court returns the property (or its sale proceeds) to them after deducting
attachment-related costs.
Illustration: Release, Sale And Restoration Of Attached Property
A person is declared a proclaimed offender in a criminal case. The Court attaches
their house as part of the proceedings. The person remains absconding for over
six months. The State Government takes possession of the house. However, within
two years, the person is apprehended and proves that they were unaware of the
proclamation and did not abscond to avoid execution. The Court, after verifying
their claim, orders the return of the house (or its sale proceeds, if sold) to the
person, after deducting the expenses incurred during attachment.
Common Questions & Answers: Release, Sale And Restoration Of Attached Property
- Q: What happens if the proclaimed person dies before the specified time?A: The property is likely to be disposed of as per the provisions of
Subsection (2) unless there are specific legal heirs who can claim it. - Q: Can the State Government sell the attached property without any
restrictions?A: No. The sale is subject to the conditions outlined in Subsection (2),
including the six-month waiting period and the consideration of any claims or
objections. - Q: What are the consequences if the proclaimed person fails to appear even
after two years?A: The property remains at the disposal of the State Government, and the
owner’s right to reclaim it is likely extinguished.
