Attachment of property of person absconding, Claims and Objection, Release and Restoration, appeal - Section 83, 84, 85, 86 of Code of Criminal Procedure 1973

Properties of persons who are declared as proclaimed offender under section 82 of Code of Criminal Procedure can be attached by the court. Provisions related to attachment of property of Proclaimed offenders are:

 

 

Attachment of Property of person absconding - Section 83 of Code of Criminal Procedure

Claims and objections to attachment - Section 84 of Code of Criminal Procedure

Release, sale and restoration of attached property - Section 85 of Code of Criminal Procedure

Appeal from order rejecting application for restoration of attached property - Section 86 of Code of Criminal Procedure

 

Attachment of Property of person absconding - Section 83 of Code of Criminal Procedure

As per Section 83(1) of Code of Criminal Procedure, the court issuing a proclamation under section 82 can at any time after the issue of proclamation issue order of attachment of the property in some circumstances.

 

Section 83 (1) of CRPC says that " The Court issuing a proclamation under section 82 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 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; on

 

(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(5 of 1908)."

Claims and objections to attachment - Section 84 of Code of Criminal Procedure

There are circumstances in which claims remains against the attached property. Any person other than the proclaimed offender who has a claim on the property or has interest in the property can express their interest within six months from the date of attachment of the property. The claim may be allowed or disallowed in whole or in part by the court.

 

 

As per Section 84 (1) of Code of Criminal Procedure " If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, 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 83, 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 83, 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."

 

Release, sale and restoration of attached property - Section 85 of Code of Criminal Procedure

If the proclaimed person appears before the court within the specified time in the proclamation, the court shall make an order for release of property from attachment. The legal provisions related to release of attached property are:

 

 

As per Section 85(1) Code of Criminal Procedure " If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

 

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.

 

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale, and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him."

 

Appeal from order rejecting application for restoration of attached property - Section 86 of Code of Criminal Procedure

Persons aggrieved with the order can file appeal with the court to which appeals ordinarily lie from the sentences of the first mentioned Court.

 

The Legal Provisions are:

"Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court."

 

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