Section 85 BNSS: Attachment of Property of Person Absconding
Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court issuing a proclamation under Section 84 to attach movable property, immovable property, or both, belonging to the proclaimed person. The section also regulates attachment outside the district, methods of attachment, immediate sale of livestock or perishable property, and the powers of a receiver.
Section 85 BNSS - Bare Act Text
85. 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 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.
Meaning and Scope of Section 85 BNSS
Section 85 is linked directly to Section 84 BNSS. It enables the Court that issues a proclamation to secure property belonging to the proclaimed person so that the property is not disposed of, removed or otherwise placed beyond the reach of the Court.
1. Court must record reasons in writing
After issuing a proclamation under Section 84, the Court may order attachment of movable property, immovable property, or both. Section 85(1) expressly requires the reasons for attachment to be recorded in writing.
2. Simultaneous attachment with proclamation
The Court does not always have to wait until after the proclamation has been issued. Where it is satisfied, by affidavit or otherwise, that the person is about to dispose of property or remove it from the Court's local jurisdiction, attachment may be ordered simultaneously with the issue of the proclamation.
3. Property within and outside the district
An attachment order authorises attachment of property within the district in which the order is made. For property situated outside that district, the order must be endorsed by the District Magistrate of the district where the property is situated.
4. Attachment of debts and movable property
A debt or other movable property may be attached by seizure, appointment of a receiver, a written order prohibiting delivery to the proclaimed person or anyone on that person's behalf, or by all or any two of those methods as the Court considers appropriate.
5. Attachment of immovable property
Where the immovable property is land paying revenue to the State Government, attachment is made through the Collector of the district in which the land is situated. In other cases, attachment may be effected by taking possession, appointing a receiver, issuing a written prohibitory order concerning rent or delivery of property, or by all or any two of those methods.
6. Livestock and perishable property
If the attached property consists of livestock or is perishable, the Court may order its immediate sale when it considers such sale expedient. The sale proceeds remain subject to the further order of the Court.
7. Receiver under Section 85
A receiver appointed under Section 85 has the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.
Key Points
- Section 85 operates in connection with a proclamation issued under Section 84 BNSS.
- The Court must record reasons in writing before ordering attachment under the ordinary rule.
- Movable property, immovable property, or both may be attached.
- Simultaneous proclamation and attachment are permitted where disposal or removal of property is imminent.
- Attachment outside the district requires endorsement by the District Magistrate of the district where the property is situated.
- Different statutory methods apply to movable and immovable property.
- Livestock and perishable property may be sold immediately if the Court considers it expedient.
- A receiver's powers, duties and liabilities are governed by the same standard applicable to receivers under the Code of Civil Procedure, 1908.
Section 85 BNSS and the Earlier CrPC Provision
Section 85 BNSS substantially carries forward the attachment framework earlier contained in Section 83 of the Code of Criminal Procedure, 1973. For matters governed by the BNSS, the current provision is Section 85 and should be read with the connected Sections 84 to 89.
Frequently Asked Questions
When can property be attached under Section 85 BNSS?
The Court issuing a proclamation under Section 84 may, for reasons recorded in writing, order attachment at any time after the proclamation is issued.
Can property be attached at the same time as the proclamation?
Yes. Simultaneous attachment is permitted where the Court is satisfied by affidavit or otherwise that the person is about to dispose of property or remove it from the Court's local jurisdiction.
Can property outside the district be attached?
Yes. The attachment order can operate outside the district when it is endorsed by the District Magistrate of the district in which the property is situated.
How is movable property attached?
A debt or other movable property may be attached by seizure, appointment of a receiver, a written prohibitory order, or all or any two of these methods as the Court thinks fit.
What happens to perishable property?
The Court may order immediate sale of livestock or property of a perishable nature when it considers that course expedient, with the proceeds remaining subject to the Court's order.
Official Legal Sources
For the authoritative Act text and current official information, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.