CrPC 84 to BNSS 87: Claims and objections to attachment
Section 84 CrPC (1973) replaced by Section 87 BNSS (2023)
CrPC 84 to BNSS 87 at a Glance
Section 84 CrPC (Claims and objections to attachment) is now Section 87 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 84 to BNSS 87?
Section 84 CrPC became Section 87 BNSS from 1 July 2024. Both have the same heading and the same text, with renumbered cross-references. Section 87(1) BNSS refers to Section 85 where Section 84(1) CrPC referred to Section 83. Section 87(2) BNSS refers to Section 85(2) where Section 84(2) CrPC referred to Section 83(2).
CrPC 84 vs BNSS 87: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 84 | 87 |
| Heading | Claims and objections to attachment | Same |
| Sub-sections | 4 sub-sections | Same |
| Cross-references | s.83 | s.85 |
CrPC 84 and BNSS 87: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 84, CrPC 1973
84. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, 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 83, 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 83, 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.
BNSS 2023 (in force)
Section 87, BNSS 2023
87. Claims and objections to attachment.—(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.
When It Applies: CrPC 84 vs BNSS 87
Under CrPC 84
- Any person other than the proclaimed person may prefer a claim or make an objection on the ground that the claimant or objector has an interest in the property, and that such interest is not liable to attachment under Section 83.
- The claim or objection may be preferred or made in the Court by which the order of attachment is issued.
- If the claim or objection is in respect of property attached under an order endorsed under Section 83(2), it may be preferred or made in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
- Every such claim or objection shall be inquired into by the Court in which it is preferred or made.
- If the claim or objection 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.
- In the event of the death of the claimant or objector, a claim or objection preferred or made within the period allowed may be continued by his legal representative.
Under BNSS 87
- Any person other than the proclaimed person may prefer a claim or make an objection on the ground that the claimant or objector has an interest in the property, and that such interest is not liable to attachment under Section 85.
- The claim or objection may be preferred or made in the Court by which the order of attachment is issued.
- If the claim or objection is in respect of property attached under an order endorsed under Section 85(2), it may be preferred or made in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
- Every such claim or objection shall be inquired into by the Court in which it is preferred or made.
- If the claim or objection 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.
- In the event of the death of the claimant or objector, a claim or objection preferred or made within the period allowed may be continued by his legal representative.
Time Limits: CrPC 84 to BNSS 87
Under CrPC 84
- A claim or objection is preferred or made within six months from the date of such attachment.Act text: “within six months from the date of such attachment”
- A person whose claim or objection has been disallowed in whole or in part may institute a suit within a period of one year from the date of the order.Act text: “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”
Under BNSS 87
- A claim or objection is preferred or made within six months from the date of such attachment.Act text: “within six months from the date of such attachment”
- A person whose claim or objection has been disallowed in whole or in part may institute a suit within a period of one year from the date of the order.Act text: “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”
What CrPC 84 to BNSS 87 Means in Practice
From 1 July 2024, claims and objections to attachment are dealt with in Section 87 BNSS where Section 84 CrPC dealt with them. The period of six months and the period of one year read the same in both. The attachment referred to is the attachment under Section 85 BNSS where it was under Section 83 CrPC.
FAQs: CrPC 84 to BNSS 87
Where is Section 84 CrPC found in the BNSS?▼
Section 84(1) CrPC is found in Section 87(1) BNSS, Section 84(2) CrPC in Section 87(2) BNSS, Section 84(3) CrPC in Section 87(3) BNSS and Section 84(4) CrPC in Section 87(4) BNSS.
Which cross-references are renumbered in Section 87 BNSS?▼
Section 87(1) BNSS refers to Section 85 BNSS where Section 84(1) CrPC referred to Section 83 CrPC. Section 87(2) BNSS refers to Section 85(2) BNSS where Section 84(2) CrPC referred to Section 83(2) CrPC.
Are the periods of six months and one year different in Section 87 BNSS?▼
No. Section 87(1) BNSS has the same period of six months as Section 84(1) CrPC, and Section 87(4) BNSS has the same period of one year as Section 84(4) CrPC.
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 ·