Section 88 BNSS: Release, sale and restoration of attached property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 88 BNSS at a Glance

Section 88 BNSS deals with release, sale and restoration of attached property. It replaced Section 85 CrPC on 1 July 2024.

Was CrPC

Section 85 →

Section 88 BNSS Bare Act Text

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

Source: Section 88, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 88 BNSS in Simple Words

Section 88 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the release, sale and restoration of attached property. Under Section 88(1) BNSS, if the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

Under Section 88(2) BNSS, if the proclaimed person does not appear within that time, the property under the attachment shall be at the disposal of the State Government, and it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under Section 87 has been disposed of, subject to two exceptions. Under Section 88(3) BNSS, a person whose property is or has been at the disposal of the State Government may, within two years from the date of the attachment, have the property or the net proceeds delivered to him on proof to the satisfaction of the Court.

When Section 88 BNSS Applies

  • If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.
  • If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government.
  • The Court may cause the property to be sold whenever it thinks fit if it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner.
  • A person whose property is or has been at the disposal of the State Government may appear voluntarily or be apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate.
  • That person has to prove to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein.

Time Limits Under Section 88 BNSS

  • The proclaimed person appears within the time specified in the proclamation.Act text: “appears within the time specified in the proclamation”
  • The property shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under Section 87 has been disposed of.Act text: “it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section”
  • The person has to appear or be brought before the Court within two years from the date of the attachment.Act text: “within two years from the date of the attachment”

Example of Section 88 BNSS

Property of Imran, a proclaimed person, is attached. Imran does not appear within the time specified in the proclamation, so the property under the attachment is at the disposal of the State Government. Within two years from the date of the attachment, Imran appears voluntarily before the Court by whose order the property was attached. Imran proves to the satisfaction of that Court the two matters named in Section 88(3) BNSS. After all costs incurred in consequence of the attachment are satisfied from it, the property is delivered to Imran.

When Section 88 BNSS Does Not Apply

  • Section 88(1) BNSS speaks of the order releasing the property when the proclaimed person appears within the time specified in the proclamation. It does not deal with claims and objections to attachment by a person other than the proclaimed person, which Section 87 BNSS deals with.
  • Section 88 BNSS speaks of the release, sale and restoration of attached property. It does not deal with the attachment of the property of a person absconding, which Section 85 BNSS deals with.

Section 88 BNSS in the CrPC (Previous Law)

Section 88 BNSS replaced Section 85 CrPC from 1 July 2024.

Section 85 CrPC became Section 88 BNSS from 1 July 2024. Both have the same heading and the same text, with one renumbered cross-reference and one punctuation difference. Section 88(2) BNSS refers to Section 87 where Section 85(2) CrPC referred to Section 84. Section 88(3) BNSS has no comma after State Government where Section 85(3) CrPC has one.

Each sub-section below names its own source.

FAQs on Section 88 BNSS

What happens under Section 88(1) BNSS if the proclaimed person appears within the time specified?▼

If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

When may attached property be sold under Section 88(2) BNSS?▼

If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government. It shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under Section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner. In either of those cases the Court may cause it to be sold whenever it thinks fit.

When is the property delivered to a person under Section 88(3) BNSS?▼

If, within two years from the date of the attachment, a person whose property is or has been at the disposal of the State Government appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves the matters named in Section 88(3) BNSS to the satisfaction of such Court, the property or the net proceeds shall, after satisfying all costs incurred in consequence of the attachment, be delivered to him.

What changed from Section 85 CrPC to Section 88 BNSS from 1 July 2024?▼

Section 88 BNSS has the same heading and the same text as Section 85 CrPC, with one renumbered cross-reference and one punctuation difference. Section 88(2) BNSS refers to Section 87 BNSS where Section 85(2) CrPC referred to Section 84 CrPC. Section 88(3) BNSS has no comma after State Government where Section 85(3) CrPC has one.

Section 88 BNSS: Sub-sections Explained

Section 88(1) BNSS: Release, sale and restoration of attached property

▶

Bare Act Text

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

Previous Law

CrPC 85 → Section 88(1) BNSS

Section 88(2) BNSS: Release, sale and restoration of attached property

▶

Bare Act Text

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.

Previous Law

CrPC 85(2) → Section 88(2) BNSS

Section 88(3) BNSS: Release, sale and restoration of attached property

▶

Bare Act Text

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

Previous Law

CrPC 85(3) → Section 88(3) BNSS

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