Section 89 BNSS: Appeal from order rejecting application for restoration of attached property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 89 BNSS at a Glance

Section 89 BNSS deals with appeal from order rejecting application for restoration of attached property. It replaced Section 86 CrPC on 1 July 2024.

Was CrPC

Section 86 →

Section 89 BNSS Bare Act Text

89. Appeal from order rejecting application for restoration of attached property

Any person referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

Source: Section 89, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 89 BNSS in Simple Words

Section 89 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives an appeal against a refusal to deliver property or the proceeds of the sale thereof. The appeal may be made by any person referred to in Section 88(3) BNSS who is aggrieved by the refusal. It goes to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

When Section 89 BNSS Applies

  • Any person referred to in Section 88(3) BNSS who is aggrieved by a refusal to deliver property or the proceeds of the sale thereof may appeal.
  • The refusal can be of the property itself or of the proceeds of the sale thereof.
  • The appeal goes to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

Example of Section 89 BNSS

Meera is a person referred to in Section 88(3) BNSS. A trial Court refuses to deliver to Meera the proceeds of the sale of the property of Meera. Meera is aggrieved by that refusal, so Meera may appeal to the Court to which appeals ordinarily lie from the sentences of that trial Court.

When Section 89 BNSS Does Not Apply

  • Section 89 BNSS speaks of a refusal to deliver property or the proceeds of the sale thereof. It does not deal with an appeal against a sentence.

Section 89 BNSS in the CrPC (Previous Law)

Section 89 BNSS replaces Section 86 CrPC from the old criminal code.

Section 86 CrPC is found in Section 89 BNSS from 1 July 2024. Both have the same heading and the same text. Section 89 BNSS refers to Section 88(3) BNSS where Section 86 CrPC referred to Section 85(3) CrPC.

View CrPC Section 86 →

FAQs on Section 89 BNSS

Who may appeal under Section 89 BNSS?▼

Any person referred to in Section 88(3) BNSS who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal.

Which Court hears an appeal under Section 89 BNSS?▼

The Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

Does Section 89 BNSS cover the proceeds of a sale?▼

Yes. Section 89 BNSS speaks of any refusal to deliver property or the proceeds of the sale thereof.

What changed from Section 86 CrPC to Section 89 BNSS from 1 July 2024?▼

Section 89 BNSS has the same heading and the same text as Section 86 CrPC. Section 89 BNSS refers to Section 88(3) BNSS where Section 86 CrPC referred to Section 85(3) CrPC.

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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: 20 Oct 2026 ·