Section 86 BNSS: Identification and attachment of property of proclaimed person

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 86 BNSS at a Glance

Section 86 BNSS deals with identification and attachment of property of proclaimed person. It has no corresponding section in the CrPC. The BNSS applies from 1 July 2024.

Section 86 BNSS Bare Act Text

86. Identification and attachment of property of proclaimed person

The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.

Source: Section 86, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 86 BNSS in Simple Words

Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a Court seek assistance from a Court or an authority in a contracting State regarding property belonging to a proclaimed person.

To trigger this process, a police officer not below the rank of the Superintendent of Police or Commissioner of Police must submit a written request to the Court.

On receiving that request, the Court may start the process of seeking assistance for the identification, attachment, and forfeiture of the property of the proclaimed person, following the procedure set out in Chapter VIII of the Sanhita.

When Section 86 BNSS Applies

  • Under Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer not below the rank of the Superintendent of Police or Commissioner of Police may submit a written request to the Court.
  • When such a written request is made, the Court may start the process of seeking assistance from a Court or an authority in the contracting State.
  • The assistance under Section 86 BNSS is sought to identify, attach, and forfeit property that belongs to a proclaimed person.
  • The Court must conduct this process under Section 86 BNSS by following the procedure set out in Chapter VIII of the Sanhita.

Example of Section 86 BNSS

Rajesh is a proclaimed person who owns property in a contracting State. Vikram, a Superintendent of Police, submits a written request to the Court regarding the property belonging to Rajesh. Under Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the request is in writing and comes from a police officer not below the rank of the Superintendent of Police or Commissioner of Police. The Court may therefore initiate the process of requesting assistance from a Court or an authority in that contracting State to identify, attach, and forfeit the property belonging to Rajesh, following the procedure provided in Chapter VIII of the Sanhita.

When Section 86 BNSS Does Not Apply

  • Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where there is no written request from a police officer to the Court.
  • Section 86 BNSS does not apply when the request is made by a police officer below the rank of the Superintendent of Police or Commissioner of Police.
  • Section 86 BNSS does not apply to property that does not belong to a proclaimed person.

No Corresponding CrPC Section

The official comparison tables list no section of the Code of Criminal Procedure, 1973 against Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code had no section in its place. Section 86 BNSS provides for the Court to seek assistance from a Court or an authority in a contracting State for identification, attachment, and forfeiture of property belonging to a proclaimed person.

FAQs on Section 86 BNSS

Who can ask the Court to initiate proceedings under Section 86 BNSS?▼

Only a police officer not below the rank of the Superintendent of Police or Commissioner of Police can make the request under Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The police officer must submit a written request to the Court. A police officer below that rank cannot make the request under Section 86 BNSS, and the Court cannot act without that written request.

Is the Court bound to initiate the process when it receives a written request under Section 86 BNSS?▼

No, the Court is not bound to do so. Section 86 BNSS states that the Court may initiate the process of requesting assistance from a Court or an authority in the contracting State on receiving the written request. The word may gives the Court a discretionary power rather than imposing a mandatory duty to initiate the process.

For what actions can the Court request assistance from a contracting State under Section 86 BNSS?▼

The Court may request assistance from a Court or an authority in the contracting State for identification, attachment, and forfeiture of property. This power under Section 86 BNSS applies only to property belonging to a proclaimed person. The request is made to the Court or authority in the contracting State where such assistance is sought.

What procedure governs the request for assistance under Section 86 BNSS?▼

When the Court initiates the process of requesting assistance from a Court or an authority in the contracting State under Section 86 BNSS, it must act in accordance with the procedure provided in Chapter VIII of the Sanhita. Section 86 BNSS does not set out a separate standalone procedure for making that request to the contracting State.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·