Section 83 CrPC: Attachment of property of person absconding
Code of Criminal Procedure, 1973
Section 83 CrPC at a Glance
Section 83 CrPC deals with attachment of property of person absconding. From 1 July 2024 it is replaced by Section 85 BNSS.
What Section 83 CrPC Says
83. Attachment of property of person absconding
(1) The Court issuing a proclamation under section 82 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 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 (5 of 1908).
Source: Section 83, Code of Criminal Procedure, 1973
Section 83 CrPC in Simple Words
Section 83 of the Code of Criminal Procedure, 1973 allows the Court issuing a proclamation under Section 82 CrPC to order, for reasons to be recorded in writing, the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.
The order may be made at any time after the issue of the proclamation, or simultaneously with it where the proviso to Section 83(1) CrPC applies.
When Section 83 CrPC Applies
- The Court issuing a proclamation under Section 82 CrPC 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 83(1) CrPC, 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 simultaneously with the issue of the proclamation.
- An order under Section 83(2) CrPC 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 83(3) CrPC, 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 83(4) CrPC, 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 83(5) CrPC, 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 83(6) CrPC, a receiver has the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.
Time Limits Under Section 83 CrPC
- Under Section 83(1) CrPC, 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 83(1) CrPC, the Court may order the attachment simultaneously with the issue of the proclamation.Act text: “it may order the attachment simultaneously with the issue of the proclamation”
- Under Section 83(5) CrPC, 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 83 CrPC
When Section 83 CrPC Does Not Apply
- Section 83 CrPC 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 82 CrPC.
- Section 83 CrPC 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 84 CrPC.
Section 83 CrPC Under BNSS 85: What Changed
Section 83 CrPC is now covered under Section 85 BNSS.
Section 85 BNSS has the same heading as Section 83 CrPC, and its sub-sections run from Section 85(1) BNSS to Section 85(6) BNSS as Section 83(1) CrPC to Section 83(6) CrPC do. Section 85(1) BNSS refers to a proclamation under Section 84 BNSS where Section 83(1) CrPC referred to Section 82 CrPC. The proviso to Section 85(1) BNSS adds the words of property after the attachment. Section 85(6) BNSS omits the Act number that followed the Code of Civil Procedure, 1908 in Section 83(6) CrPC. Section 85(2) BNSS to Section 85(5) BNSS read the same as Section 83(2) CrPC to Section 83(5) CrPC.
View detailed comparison (CrPC 83 vs BNSS 85) →FAQs on Section 83 CrPC
When could a Court order attachment of property under Section 83 CrPC?▼
The Court issuing a proclamation under Section 82 CrPC could, 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. Under the proviso to Section 83(1) CrPC, where the Court was satisfied, by affidavit or otherwise, that the person was about to dispose of the whole or any part of his property, or about to remove it from the local jurisdiction of the Court, it could order the attachment simultaneously with the issue of the proclamation.
How was property attached under Section 83 CrPC?▼
Under Section 83(3) CrPC, a debt or other movable property was 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 thought fit. Under Section 83(4) CrPC, land paying revenue to the State Government was attached through the Collector of the district in which the land was situate. In all other cases, immovable property was 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 thought fit.
What did Section 83 CrPC say about property outside the district, perishable property and receivers?▼
Under Section 83(2) CrPC, an order authorised the attachment of property belonging to the person within the district in which it was made, and outside that district when endorsed by the District Magistrate within whose district the property was situate. Under Section 83(5) CrPC, the Court could, if it thought it expedient, order immediate sale of live-stock or property of a perishable nature, and the proceeds of the sale abided the order of the Court. Under Section 83(6) CrPC, a receiver had the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.
Where is Section 83 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 83(1) CrPC is found in Section 85(1) BNSS, Section 83(2) CrPC in Section 85(2) BNSS, Section 83(3) CrPC in Section 85(3) BNSS, Section 83(4) CrPC in Section 85(4) BNSS, Section 83(5) CrPC in Section 85(5) BNSS and Section 83(6) CrPC in Section 85(6) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·