CrPC Section 84: Claims & Objections to Attachment – Code of Criminal Procedure

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CrPC Section 84: Claims and Objections to Attachment

This section deals with the process of claiming or objecting to property attached under the Code of Criminal Procedure (CrPC).

1. Code

Section 84: Any person claiming any right to or interest in the property attached under this Chapter may, within thirty days from the date of such attachment, put in a claim before the Magistrate, stating his right or interest in the property, and the Magistrate shall, after giving the parties concerned an opportunity of being heard, decide the claim.

2. Explanation

Section 84 of the CrPC provides a mechanism for individuals to assert their claim to property that has been attached by the court in connection with a criminal case. The following are key points:

Claimant: Any person who believes they have a right to or interest in the attached property can file a claim.
Time Limit: The claim must be filed within 30 days from the date of attachment.
Procedure: The claimant must submit a written claim stating their right or interest in the property.
Hearing: The Magistrate will hold a hearing to consider the claim and provide both parties (the claimant and the person who initiated the attachment) an opportunity to present their arguments.
Decision: The Magistrate will then decide on the validity of the claim and determine the claimant’s right to the property.

3. Illustration

Imagine a scenario where the police attach a car as part of a criminal investigation. The owner of the car claims that they are innocent and the car was purchased legally. They can file a claim under Section 84 of the CrPC, stating their ownership and requesting the release of the car.

Also Read Section 432 CrPC: Power to Suspend or Remit Sentences - India's Code of Criminal Procedure

4. Common Questions and Answers

Q: What happens if a claim is not filed within 30 days?
A: Failure to file a claim within the stipulated time may result in the forfeiture of the property, meaning the claimant may lose their right to it.
Q: Can a claim be filed even if the person initiating the attachment is a private individual?
A: Yes, Section 84 applies regardless of whether the attachment is made by a police officer or a private individual.
Q: Who decides on the validity of the claim?
A: The Magistrate has the authority to decide on the validity of the claim after hearing from both parties.