CrPC 83 — Attachment of property of person absconding

Code of Criminal Procedure, 1973

Statutory text

(1) The  Court  issuing  a  proclamation  under
section 82 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 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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