Section 85 BNSS: Attachment of property of person absconding (Formerly Section 83 CrPC)

Section 85 of Bharatiya Nagarik Suraksha Sanhita, 2023: Attachment of property of person absconding

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 85

Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorizes the attachment of property belonging to a proclaimed absconder to compel their appearance before the Court.

Core Legal Standard: Section 85 provides that the Court issuing a proclamation under Section 84 may, at any time after the issue of proclamation, order the attachment of any property, movable or immovable, belonging to the proclaimed person.
Statutory Powers & Jurisdiction: The proviso allows simultaneous proclamation and attachment only if the Court is satisfied by affidavit that the person is about to dispose of or remove the whole or part of their property from the local jurisdiction.

Sub-sections (3) through (6) establish the procedure for taking possession, appointing receivers, and seizing movable and immovable assets.

Key Landmark Precedents:

Vimalben Ashokbhai Patel v. Rohitbhai Ashokbhai Patel (2020) 10 SCC 310: The Supreme Court held that attachment under Section 83 CrPC (Sec 85 BNSS) is an ancillary measure to compel appearance; property cannot be attached without prior strict adherence to proclamation requirements.
Devendra Singh Negi v. State of U.P. (1993) SCC OnLine All 432: Affirmed that simultaneous orders of proclamation and attachment without recording specific satisfaction under the proviso are illegal and without jurisdiction.

Legal Commentary:

Section 85 acts as an economic lever against absconders. When defending affected family members or third-party co-owners, counsel must file objections under Section 86 establishing independent title or demonstrating that the primary proclamation under Section 84 was procedurally flawed.