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

Code: Section 85 BNSS

Attachment of Property of a Proclaimed Person

(1) The Court issuing a proclamation under section 84 may, for reasons to be
recorded in writing, at any time after the issue of the proclamation, order the attachment of
any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied,
by affidavit or otherwise, that the person in relation to whom the proclamation is to be
issued,—
(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,
it may order the attachment of property simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such
person within the district in which it is made; and it shall authorise the attachment of any
property belonging to such person without such district when endorsed by the District
Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the
attachment under this section shall be made—
(a) by seizure; or

(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the
proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this
section shall, in the case of land paying revenue to the State Government, be made through
the Collector of the district in which the land is situate, and in all other cases—
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property
to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable
nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case
the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed 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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