Section 85: Attachment Of Property Of Person Absconding
This section deals with the power of the court on attachment of property of person absconding or who has been proclaimed under Section 84 of the BNSS. It outlines the circumstances under which attachment can be ordered, the types of property that can be attached, and the methods for effecting such attachment.
Code:
Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 85
Explanation: Attachment Of Property Of Person Absconding
The court may order the attachment of a proclaimed person’s property, movable or immovable, if the person fails to appear in court despite a proclamation being issued under Section 84. This section outlines the conditions under which attachment can be ordered, the types of property that can be attached, and the methods of attachment.
- Pre-Attachment Conditions: The court can order immediate attachment along with the proclamation if it believes the person is about to dispose of or remove their property from the court’s jurisdiction. This determination is based on evidence provided through affidavits or other means.
- Types of Attachment:
- Movable Property: Seizure, appointment of a receiver, or a written order prohibiting delivery of the property to the proclaimed person.
- Immovable Property: Taking possession, appointing a receiver, or a written order prohibiting rent payment or delivery of property to the proclaimed person.
- Perishable Property: The court can order immediate sale of perishable or live-stock property if deemed expedient, and the proceeds will be held by the court.
- Jurisdiction: Attachment can be ordered within the district where the order is issued and extended to other districts with the endorsement of the District Magistrate of that district.
- Receiver: The receiver appointed under this section will have the same powers, duties, and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.
Illustration: Attachment Of Property Of Person Absconding
A person has been proclaimed under Section 84. So, the court believes that they are about to sell their house to evade arrest. Hence, the court can order the immediate attachment of the house. This would prevent the person from selling the property and ensure its availability if they are eventually apprehended.
Common Questions and Answers: Attachment Of Property Of Person Absconding
- Q: What is a proclamation under Section 84?
- A: It is a formal notice issued by the court. It directs a person to appear before it within a specified time. Failure to appear can lead to further legal actions including attachment of property.
- Q: Can the court attach any type of property?
- A: No, the court can only attach property belonging to the proclaimed person. The property can be movable or immovable, but must be located within the jurisdiction of the court. It can also be the endorsement of the District Magistrate of the district where the property is located.
- Q: What happens to the property after it is attached?
- A: The attached property is held by the court until the proclaimed person appears or the case is finalized. The court will then decide the fate of the property based on the outcome of the case.
- Q: Can the proclaimed person challenge the attachment order?
- A: Yes, the proclaimed person can challenge the attachment order in court. They will need to provide sufficient grounds to argue that the attachment was unjustified or illegal.
