Section 86 BNSS: Identification and attachment of property of proclaimed person (New BNSS Provision - Attachment of proceeds of crime)

Section 86 of Bharatiya Nagarik Suraksha Sanhita, 2023: Identification and attachment of property of proclaimed person

Official Bare Act Text

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

The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.

Legal Commentary & Landmark Judgments: Section 86

Section 86 of the BNSS, 2023 empowers the court issuing a proclamation under Section 84 to order the identification and attachment of any property, movable or immovable, belonging to the proclaimed person (replacing Section 83 CrPC).

Issuance of Valid Proclamation: A valid statutory proclamation under Section 84 BNSS is an absolute condition precedent to attachment.
Simultaneous Attachment Exception: Attachment may be ordered simultaneously with proclamation only if the court is satisfied by affidavit that the person is about to dispose of or remove property from the district.
Modes of Attachment: Effected by seizure, appointment of a receiver, distress warrant, or prohibitory order restraining rent payment.

Key Landmark Precedents:

Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel (2008) 4 SCC 649: The Supreme Court settled that attachment under Section 83 CrPC (Section 86 BNSS) is solely to compel attendance; property belonging to parents or relatives cannot be attached for the default of an adult son.
State of M.P. v. Pradeep Sharma (2014) 2 SCC 166: Held that attachment of proclaimed absconders' properties is a coercive process to preserve the dignity of judicial administration.
Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730: Affirmed that an absconder evading proclamation and attachment forfeits pre-arrest discretionary protections.

Courtroom Practice & Strategic Litigation Guidance:

Crucial third-party defence: If the police attach ancestral property or property owned by the accused's spouse or parents, file an immediate objection under Section 87 BNSS demonstrating that the proclaimed person has no exclusive ownership or title.