Section 87 BNSS: Claims and objections to attachment (Formerly Section 84 CrPC)

Section 87 of Bharatiya Nagarik Suraksha Sanhita, 2023: Claims and objections to attachment

Official Bare Act Text

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

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, 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 85, 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 85, 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.

Legal Commentary & Landmark Judgments: Section 87

Section 87 provides the statutory mechanism for preferred claims and objections to the attachment of property by any person other than the proclaimed person who has an interest in the property.

Claim by Third Party: Preferred within six months from the date of attachment by any person claiming an interest in the attached property.
Grounds of Objection: The property is not liable to attachment because the claimant has an independent title or interest, and the property is not held in trust for the proclaimed person.
Inquiry & Civil Suit Remedy: Court must inquire into the claim; if rejected in whole or part, the claimant may within one year institute a civil suit to establish their right.

Key Landmark Precedents:

Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel (2008) 4 SCC 649: The Supreme Court held that the criminal court must adjudicate third-party objections under Section 84 CrPC (Section 87 BNSS) expeditiously and release properties owned by innocent relatives.
Hamida v. Rashid (2008) 1 SCC 474: Affirmed that statutory claim procedures provide full opportunity to prove independent ownership of attached assets.

Courtroom Practice & Strategic Litigation Guidance:

Produce registered sale deeds, bank loan EMI statements, and mutation certificates showing that the property was acquired independently by the objector. The magistrate must stay auction proceedings pending disposal of the Section 87 objection.