Section 85 BNSS: Attachment of property of person absconding

Section 85 BNSS Bare Act Text

(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.

Source: Section 85, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 85 BNSS in Simple Words

When Section 85 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.
• 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 Under Section 85 BNSS

• 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”

Example of Section 85 BNSS

When Section 85 BNSS Does Not Apply

• Section 85 BNSS speaks of the attachment of property belonging to the proclaimed person. It does not deal with the issue of the proclamation, the subject of Section 84 BNSS.
• Section 85 BNSS speaks of the attachment of property belonging to the proclaimed person. It does not deal with claims and objections to the attachment, the subject of Section 87 BNSS.

Section 85 BNSS in the CrPC (Previous Law)

FAQs on Section 85 BNSS

Section 85 BNSS: Sub-sections Explained

Sections Related to Section 85 BNSS