BNSS 85 — Attachment of property of person absconding.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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 (5 of 1908).

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