BNSS 88 — Release, sale and restoration of attached property.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) If the proclaimed person appears within
the  time  specified  in  the  proclamation,  the  Court  shall  make  an  order  releasing  the  property  from  the
attachment.
(2) If the proclaimed person does not appear within the time specified in the proclamation, the property
under  the  attachment  shall  be  at  the  disposal  of  the  State  Government;  but  it  shall  not  be  sold  until  the
expiration of six months from the date of the attachment and until any claim preferred or objection made
under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay,
or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court
may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is or has been at
the  disposal  of  the  State  Government  under  sub-section  (2),  appears  voluntarily or  is  apprehended  and
brought before the Court by whose order the property was attached, or the Court to which such Court is
subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the
purpose  of  avoiding  execution of the  warrant,  and that  he  had  not  such notice  of  the  proclamation  as  to
enable him to attend within the time specified therein, such property, or, if the same has been sold, the net
proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of
the  property,  shall,  after  satisfying  therefrom  all  costs  incurred  in  consequence of  the  attachment,  be
delivered to him.

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