Section 87 BNSS: Claims and Objections to Attachment
Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects the rights of third parties who claim an interest in property attached under Section 85. It provides the time limit for filing a claim or objection, identifies the Court before which it may be filed, regulates the inquiry and preserves a civil suit remedy where the claim or objection is disallowed.
Section 87 BNSS - Bare Act Text
87. Claims and objections to attachment.
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.
(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:
Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
Meaning and Scope of Section 87 BNSS
Section 87 creates a statutory remedy for a person other than the proclaimed person who claims an independent interest in property attached under Section 85 BNSS. The claimant or objector must assert both that he or she has an interest in the property and that the claimed interest is not liable to attachment.
1. Who may file a claim or objection?
A claim or objection may be made by any person other than the proclaimed person. The basis must be an interest in the attached property coupled with the assertion that such interest is not liable to attachment under Section 85.
2. Six-month limitation period
Section 87(1) requires the claim or objection to be preferred or made within six months from the date of attachment. This time limit is expressly stated in the provision.
3. Continuation by legal representative
If a claim or objection was filed within the permitted period and the claimant or objector later dies, the proceeding may be continued by the legal representative.
4. Court in which the claim may be filed
Ordinarily, the claim or objection is filed before the Court that issued the attachment order. Where the property was attached under an order endorsed under Section 85(2), the claim or objection may be filed before the Chief Judicial Magistrate of the district in which the attachment was made.
5. Inquiry into the claim or objection
The Court in which the claim or objection is filed must inquire into it. Where it is filed before a Chief Judicial Magistrate, the Chief Judicial Magistrate may make it over for disposal to a subordinate Magistrate.
6. Claim may be allowed or disallowed wholly or partly
After inquiry, the Court may allow or disallow the claim or objection in whole or in part. The statutory scheme therefore permits the Court to recognise only that part of the claimant's interest which is proved and not liable to attachment.
7. Civil suit within one year
A person whose claim or objection is disallowed, wholly or partly, may institute a suit within one year from the date of the disallowance order to establish the right claimed in respect of the disputed property. Subject to the result of such suit, the order under Section 87 remains conclusive.
Key Points
- Section 87 applies to property attached under Section 85 BNSS.
- The claimant or objector must be someone other than the proclaimed person.
- The claim must assert an interest in the attached property that is not liable to attachment.
- The claim or objection must be made within six months from the date of attachment.
- A timely claim may continue through the claimant's legal representative after death.
- The proper forum depends on whether the attachment was made directly by the issuing Court or under an endorsed order under Section 85(2).
- The Court must inquire into the claim or objection.
- A disallowed claimant may institute a civil suit within one year from the date of the order.
Frequently Asked Questions
Who can file a claim or objection under Section 87 BNSS?
Any person other than the proclaimed person may do so if that person claims an interest in property attached under Section 85 and says that the interest is not liable to attachment.
What is the time limit for filing a claim?
The claim or objection must be preferred or made within six months from the date of attachment.
Where should the claim be filed?
It may be filed before the Court that issued the attachment order. If the attachment was made under an order endorsed under Section 85(2), it may be filed before the Chief Judicial Magistrate of the district where the attachment was made.
What happens if the claim is rejected?
A person whose claim or objection is disallowed in whole or in part may institute a suit within one year from the date of the order to establish the right claimed in the property.
Official Legal Sources
For the authoritative 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.