Section 85 CrPC: Release, sale and restoration of attached property

Code of Criminal Procedure, 1973

Section 85 CrPC at a Glance

Section 85 CrPC deals with release, sale and restoration of attached property. From 1 July 2024 it is replaced by Section 88 BNSS.

Now BNSS

Section 88 →

What Section 85 CrPC Says

85. Release, sale and restoration of attached property

(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 84 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 85, Code of Criminal Procedure, 1973

Section 85 CrPC in Simple Words

Section 85 of the Code of Criminal Procedure, 1973 deals with the release, sale and restoration of attached property. Under Section 85(1) CrPC, 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 85(2) CrPC, 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 84 has been disposed of, subject to two exceptions. Under Section 85(3) CrPC, 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 85 CrPC 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 85 CrPC

  • 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 84 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 84 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 85 CrPC

Property of Harish, a proclaimed person, is attached. Harish 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, Harish appears voluntarily before the Court by whose order the property was attached. Harish proves to the satisfaction of that Court the two matters named in Section 85(3) CrPC. After all costs incurred in consequence of the attachment are satisfied from it, the property is delivered to Harish.

When Section 85 CrPC Does Not Apply

  • Section 85(1) CrPC 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 84 CrPC deals with.
  • Section 85 CrPC 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 83 CrPC deals with.

Section 85 CrPC Under BNSS 88: What Changed

Section 85 CrPC is now covered under Section 88 BNSS.

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.

View detailed comparison (CrPC 85 vs BNSS 88) →

FAQs on Section 85 CrPC

What happens under Section 85(1) CrPC 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 85(2) CrPC?▼

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 84 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 85(3) CrPC?▼

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 85(3) CrPC 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.

Where is Section 85 CrPC found in the BNSS from 1 July 2024?▼

Section 85(1) CrPC is found in Section 88(1) BNSS, Section 85(2) CrPC in Section 88(2) BNSS and Section 85(3) CrPC in Section 88(3) BNSS. Section 85(2) CrPC refers to Section 84 CrPC where Section 88(2) BNSS refers to Section 87 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·