Section 89 BNSS: Appeal Against Refusal to Restore Attached Property
Section 89 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides an appellate remedy where a person covered by Section 88(3) is aggrieved by refusal to deliver attached property or the proceeds of its sale. The appeal lies to the Court that ordinarily hears appeals from sentences passed by the Court that refused restoration.
Section 89 BNSS - Bare Act Text
89. Appeal from order rejecting application for restoration of attached property.
Any person referred to in sub-section (3) of section 88, 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.
Meaning and Scope of Section 89 BNSS
Section 89 is closely linked with Section 88 BNSS. Section 88(3) provides for restoration of attached property, or delivery of net sale proceeds where the property has been sold, when the person satisfies the statutory conditions. Section 89 supplies the appellate remedy if such delivery is refused.
1. Who can file an appeal?
The right of appeal is available to a person referred to in Section 88(3). In practical terms, this is a person whose property is or has been at the disposal of the State Government and who seeks restoration in accordance with the conditions laid down in Section 88(3).
2. What refusal can be challenged?
The appeal lies when the person is aggrieved by a refusal to deliver the attached property or the proceeds of its sale. Where only part of the property has been sold, Section 88(3) also deals with delivery of the net proceeds together with the remaining property.
3. Which Court hears the appeal?
Section 89 identifies the appellate forum by reference to the ordinary criminal appellate hierarchy. The appeal is filed before the Court to which appeals ordinarily lie from the sentences of the Court that refused delivery of the property or sale proceeds.
4. Why Section 88(3) matters
The right under Section 89 cannot be understood in isolation. Under Section 88(3), restoration depends on the person satisfying the Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he did not have such notice of the proclamation as would have enabled him to attend within the specified time.
5. Property and sale proceeds are both covered
The remedy is not confined to physical return of attached property. Section 89 expressly covers refusal to deliver the proceeds of sale as well, thereby protecting the restoration remedy even when the property has already been sold.
What Is an Appeal Under Section 89?
An appeal is a statutory remedy by which an aggrieved person asks the competent higher Court to examine the refusal made by the lower Court. Section 89 specifically creates that remedy for refusal to deliver property or sale proceeds in the circumstances governed by Section 88(3).
Key Points
- Section 89 provides an express statutory right of appeal.
- The appellant must be a person referred to in Section 88(3).
- The appeal concerns refusal to deliver attached property or sale proceeds.
- The appellate forum is determined by the ordinary appellate route from sentences of the Court that made the refusal.
- Section 89 must be read together with Section 88(3), which contains the substantive conditions for restoration.
- The section applies whether restoration concerns the property itself or proceeds obtained after sale.
Frequently Asked Questions
Who may appeal under Section 89 BNSS?
A person referred to in Section 88(3) who is aggrieved by refusal to deliver the property or the proceeds of its sale may appeal.
Can refusal to pay sale proceeds be appealed?
Yes. Section 89 expressly covers refusal to deliver the proceeds of sale as well as refusal to deliver the property itself.
Which Court has appellate jurisdiction?
The appeal lies to the Court to which appeals ordinarily lie from the sentences of the Court that refused delivery.
Is Section 89 independent of Section 88?
No. Section 89 expressly applies to a person referred to in Section 88(3), so the restoration conditions and procedure under Section 88 are central to the appeal.
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.