CrPC 83→BNSS 85

CrPC 83 to BNSS 85: Attachment of property of person absconding

Section 83 CrPC (1973) replaced by Section 85 BNSS (2023)

View CrPC Section 83 →View BNSS Section 85 →

CrPC 83 to BNSS 85 at a Glance

Section 83 CrPC (Attachment of property of person absconding) is now Section 85 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 83 to BNSS 85?

Section 85 BNSS has the same heading as Section 83 CrPC, and its sub-sections run from Section 85(1) BNSS to Section 85(6) BNSS as Section 83(1) CrPC to Section 83(6) CrPC do. Section 85(1) BNSS refers to a proclamation under Section 84 BNSS where Section 83(1) CrPC referred to Section 82 CrPC. The proviso to Section 85(1) BNSS adds the words of property after the attachment. Section 85(6) BNSS omits the Act number that followed the Code of Civil Procedure, 1908 in Section 83(6) CrPC. Section 85(2) BNSS to Section 85(5) BNSS read the same as Section 83(2) CrPC to Section 83(5) CrPC.

CrPC 83 vs BNSS 85: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section8385
HeadingAttachment of property of person abscondingSame
Sub-sections6 sub-sectionsSame
Cross-referencess.82s.84

CrPC 83 and BNSS 85: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 83, CrPC 1973

83. Attachment of property of person absconding.—(1) 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; 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 (5 of 1908).
BNSS 2023 (in force)

Section 85, BNSS 2023

85. Attachment of property of person absconding.—(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.

When It Applies: CrPC 83 vs BNSS 85

Under CrPC 83
  1. The Court issuing a proclamation under Section 82 CrPC may, for reasons to be recorded in writing, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.
  2. Under the proviso to Section 83(1) CrPC, where the Court is satisfied, by affidavit or otherwise, that the person is about to dispose of or remove the whole or any part of his property, it may order the attachment simultaneously with the issue of the proclamation.
  3. An order under Section 83(2) CrPC shall authorise the attachment of property within the district in which it is made, and outside that district when endorsed by the District Magistrate within whose district the property is situate.
  4. Under Section 83(3) CrPC, a debt or other movable property is attached by seizure, by the appointment of a receiver, by an order in writing prohibiting delivery of the property to the proclaimed person or to any one on his behalf, or by all or any two of those methods, as the Court thinks fit.
  5. Under Section 83(4) CrPC, land paying revenue to the State Government is attached through the Collector of the district in which the land is situate. In all other cases, immovable property is attached by taking possession, by the appointment of a receiver, 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 by all or any two of those methods, as the Court thinks fit.
  6. Under Section 83(5) CrPC, the Court may, if it thinks it expedient, order immediate sale of live-stock or property of a perishable nature, and the proceeds of the sale shall abide the order of the Court. Under Section 83(6) CrPC, a receiver has the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.
Under BNSS 85
  1. The Court issuing a proclamation under Section 84 BNSS may, for reasons to be recorded in writing, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.
  2. Under the proviso to Section 85(1) BNSS, where the Court is satisfied, by affidavit or otherwise, that the person is about to dispose of or remove the whole or any part of his property, it may order the attachment of property simultaneously with the issue of the proclamation.
  3. An order under Section 85(2) BNSS shall authorise the attachment of property within the district in which it is made, and outside that district when endorsed by the District Magistrate within whose district the property is situate.
  4. Under Section 85(3) BNSS, a debt or other movable property is attached by seizure, by the appointment of a receiver, by an order in writing prohibiting delivery of the property to the proclaimed person or to any one on his behalf, or by all or any two of those methods, as the Court thinks fit.
  5. Under Section 85(4) BNSS, land paying revenue to the State Government is attached through the Collector of the district in which the land is situate. In all other cases, immovable property is attached by taking possession, by the appointment of a receiver, 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 by all or any two of those methods, as the Court thinks fit.
  6. Under Section 85(5) BNSS, the Court may, if it thinks it expedient, order immediate sale of live-stock or property of a perishable nature, and the proceeds of the sale shall abide the order of the Court. Under Section 85(6) BNSS, a receiver has the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.

Time Limits: CrPC 83 to BNSS 85

Under CrPC 83
  • Under Section 83(1) CrPC, the Court may order the attachment at any time after the issue of the proclamation.Act text: “at any time after the issue of the proclamation, order the attachment of any property”
  • Under the proviso to Section 83(1) CrPC, the Court may order the attachment simultaneously with the issue of the proclamation.Act text: “it may order the attachment simultaneously with the issue of the proclamation”
  • Under Section 83(5) CrPC, the Court may, if it thinks it expedient, order immediate sale of live-stock or property of a perishable nature.Act text: “the Court may, if it thinks it expedient, order immediate sale thereof”
Under BNSS 85
  • Under Section 85(1) BNSS, the Court may order the attachment at any time after the issue of the proclamation.Act text: “at any time after the issue of the proclamation, order the attachment of any property”
  • Under the proviso to Section 85(1) BNSS, the Court may order the attachment of property simultaneously with the issue of the proclamation.Act text: “it may order the attachment of property simultaneously with the issue of the proclamation”
  • Under Section 85(5) BNSS, the Court may, if it thinks it expedient, order immediate sale of live-stock or property of a perishable nature.Act text: “the Court may, if it thinks it expedient, order immediate sale thereof”

What CrPC 83 to BNSS 85 Means in Practice

From 1 July 2024, an order for the attachment of the property of a proclaimed person is made under Section 85 BNSS in place of Section 83 CrPC. Section 85(1) BNSS refers to the proclamation under Section 84 BNSS, and its proviso speaks of the attachment of property.

FAQs: CrPC 83 to BNSS 85

Where is Section 83 CrPC found from 1 July 2024?▼

Section 83 CrPC is found in Section 85 BNSS. Section 83(1) CrPC to Section 83(6) CrPC are found in Section 85(1) BNSS to Section 85(6) BNSS respectively.

How does the proviso to Section 85(1) BNSS differ from the proviso to Section 83(1) CrPC?▼

The proviso to Section 85(1) BNSS reads that the Court may order the attachment of property simultaneously with the issue of the proclamation. The proviso to Section 83(1) CrPC read that the Court may order the attachment simultaneously with the issue of the proclamation. The conditions about affidavit or otherwise, disposing of property and removing it from the local jurisdiction of the Court are in both provisos in the same words.

How does Section 85(6) BNSS differ from Section 83(6) CrPC?▼

Section 83(6) CrPC read the Code of Civil Procedure, 1908 followed by the Act number 5 of 1908. Section 85(6) BNSS reads the Code of Civil Procedure, 1908 without the Act number.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·