Section 86 CrPC: Appeal from order rejecting application for restoration of attached property

Code of Criminal Procedure, 1973

Section 86 CrPC at a Glance

Section 86 CrPC deals with appeal from order rejecting application for restoration of attached property. From 1 July 2024 it is replaced by Section 89 BNSS.

Now BNSS

Section 89 →

What Section 86 CrPC Says

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

Any person referred to in sub-section (3) of section 85, 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 86, Code of Criminal Procedure, 1973

Section 86 CrPC in Simple Words

Section 86 of the Code of Criminal Procedure, 1973 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 85(3) CrPC 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 86 CrPC Applies

  • Any person referred to in Section 85(3) CrPC 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 86 CrPC

Rajesh is a person referred to in Section 85(3) CrPC. A trial Court refuses to deliver to Rajesh the proceeds of the sale of the property of Rajesh. Rajesh is aggrieved by that refusal, so Rajesh may appeal to the Court to which appeals ordinarily lie from the sentences of that trial Court.

When Section 86 CrPC Does Not Apply

  • Section 86 CrPC 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 86 CrPC Under BNSS 89: What Changed

Section 86 CrPC is now covered under Section 89 BNSS.

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 detailed comparison (CrPC 86 vs BNSS 89) →

FAQs on Section 86 CrPC

Who may appeal under Section 86 CrPC?▼

Any person referred to in Section 85(3) CrPC 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 86 CrPC?▼

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

Does Section 86 CrPC cover the proceeds of a sale?▼

Yes. Section 86 CrPC speaks of any refusal to deliver property or the proceeds of the sale thereof.

Where is Section 86 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 86 CrPC has no sub-sections, and maps as a whole to Section 89 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·