Section 88 BNSS: Release, sale and restoration of attached property (Formerly Section 85 CrPC)

Section 88 of Bharatiya Nagarik Suraksha Sanhita, 2023: Release, sale and restoration of attached property

Official Bare Act Text

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

(1) 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 87 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 therefrom all costs incurred in consequence of the attachment, be delivered to him.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 88

Section 88 regulates the release, sale, and restoration of attached property, providing that attached property remains at the disposal of the State Government, but shall not be sold until the expiration of six months.

Six-Month Moratorium on Sale: Property cannot be sold until expiration of 6 months from attachment and until all Section 87 claims are determined.
Perishable Property Exception: Immediate sale permitted only if property is subject to speedy and natural decay, or if sale is for benefit of the owner.
Restoration on Appearance: If the proclaimed person appears within two years and proves they did not abscond to evade warrant, the property or net sale proceeds must be restored.

Key Landmark Precedents:

State of M.P. v. Pradeep Sharma (2014) 2 SCC 166: The Supreme Court noted that property attachment is not punitive confiscation; restoration is mandatory upon satisfying the court that non-appearance was involuntary.
Bhaiya Lal v. State of U.P. (1998) Cri LJ 3968 (All): Held that medical proof of hospitalization or lack of notice of proclamation entitles the accused to full restoration under these provisions.

Courtroom Practice & Strategic Litigation Guidance:

When the proclaimed person surrenders, apply under Section 88(3) within two years. Furnish medical records or proof of residence abroad to prove that they did not receive notice of the proclamation, securing full return of property.