Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 88: 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 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.
Brefe Detail
Section 88 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for the release, sale, and restoration of property that has been attached due to a proclaimed person's absence. It specifies the conditions under which property can be released, sold, or returned to the owner.
Question & Answers
What happens if the proclaimed person appears within the specified time?
If the proclaimed person appears within the time specified in the proclamation, the Court will release the property from attachment.
What occurs if the proclaimed person does not appear?
If the proclaimed person does not appear within the specified time, the property will be at the disposal of the State Government and cannot be sold until six months have passed, unless certain conditions are met.
Can the property be sold immediately?
No, the property cannot be sold until six months after the attachment, unless it is subject to rapid decay or if the Court believes the sale benefits the owner.
What if the person whose property is attached appears after two years?
If they appear within two years and prove they did not abscond, the property or its proceeds will be returned to them after covering the costs incurred due to the attachment.
Example
1. Scenario: A proclaimed person appears at the Court within the 30-day period specified in the proclamation.
Outcome: The Court orders the release of the attached property.
2. Scenario: A proclaimed person does not appear, and six months pass.
Outcome: The State Government may sell the property unless it is perishable or the Court decides it should be sold sooner.
3. Scenario: A person shows up two years after their property was attached and proves they were unaware of the proclamation.
Outcome: The Court will return the property or its sale proceeds after deducting attachment costs.
Summary
Section 88 establishes the framework for handling attached properties linked to proclaimed persons, detailing the conditions for release, sale, and restoration of property based on the individual's actions and the Court's decisions.
