Answer By law4u team
Attachment of Property of Person Absconding
(1) The Court issuing a proclamation under section 84 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 of property simultaneously with the issue of the proclamation.
(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situated.
(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 anyone 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 situated, 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 anyone 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 livestock 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.
Brefe Detail
This section outlines the procedures for attaching the property of a person who has absconded after a proclamation has been issued. It allows the Court to attach movable and immovable property belonging to the absconding individual and specifies the conditions under which this can occur, including provisions for urgent attachment if the person is likely to dispose of or remove their property.
Question & Answers
What can the Court do if a person absconds after a warrant is issued?
The Court can issue a proclamation and may order the attachment of the person's property.
What types of property can be attached?
Both movable and immovable property can be attached.
Under what circumstances can property be attached simultaneously with the proclamation?
If there is evidence that the person is about to dispose of or remove their property.
How can movable property be attached?
Movable property can be attached by seizure, appointment of a receiver, or prohibiting delivery.
What happens if the property consists of livestock or perishable items?
The Court may order immediate sale of such property, with the proceeds held until further Court order.
Example
1. If a person is believed to be selling off assets before a Court summons, the Court can simultaneously issue a proclamation and attach those assets.
2. If a debtor is declared absconding, the Court can order their bank accounts or vehicles to be attached to prevent further asset liquidation.
Summary
Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the framework for the attachment of a proclaimed absconder's property. The Court can take preventive measures to secure assets, ensuring they are available for future proceedings. It details the types of property that can be attached, the methods of attachment, and special provisions for perishable goods.
