Section 87 BNSS: Claims and objections to attachment

Section 87 BNSS Bare Act Text

(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.

Source: Section 87, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 87 BNSS in Simple Words

When Section 87 BNSS Applies

• 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 Under Section 87 BNSS

• 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”

Example of Section 87 BNSS

When Section 87 BNSS Does Not Apply

• Section 87(1) BNSS speaks of a claim or objection to attachment. It does not deal with the order releasing the property when the proclaimed person appears within the time specified in the proclamation.
• Section 87(3) BNSS speaks of the inquiry by the Court into the claim or objection. It does not deal with the order of attachment itself.

Section 87 BNSS in the CrPC (Previous Law)

FAQs on Section 87 BNSS

Section 87 BNSS: Sub-sections Explained