(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).
Bharatiya Nagarik Suraksha Sanhita
Section 85
Attachment of property of person absconding
⚡ Quick Answer Reference: Section 85 BNSS
- Provision: Section 85 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section allows a court to attach a person's property if they are absconding. The court can do this after issuing a proclamation under section 84. The attachment can be of movable or immovable property, and the court can use different methods to attach the property, such as seizure or appointment of a receiver.
What does Section 85 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 85 of BNSS mean?
Plain English Explanation
This section allows a court to attach a person's property if they are absconding. The court can do this after issuing a proclamation under section 84. The attachment can be of movable or immovable property, and the court can use different methods to attach the property, such as seizure or appointment of a receiver.
Practical Interpretation
In practice, this section is used when a person is absconding and the court wants to secure their property. The court will issue a proclamation under section 84 and then attach the person's property using one of the methods allowed under this section.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the court to attach a person's property when they are absconding, in order to secure the property and prevent it from being disposed of or removed.
- •The court has issued a proclamation under section 84.
- •The person is absconding.
- •The court has reason to believe that the person is about to dispose of or remove their property.
- •The court has the power to attach property simultaneously with the issue of the proclamation if it is satisfied that the person is about to dispose of or remove their property.
Practical Example of Section 85 BNSS
Rajesh is accused of a crime and is absconding. The court issues a proclamation under section 84 and is satisfied that Rajesh is about to dispose of his property. The court orders the attachment of Rajesh's property, which includes a house and a car. The attachment is made by seizing the property and appointing a receiver to manage it until the court makes a final decision.
Frequently Asked Questions about Section 85 BNSS
Q: What is the purpose of this section?
The purpose of this section is to provide a mechanism for the court to attach a person's property when they are absconding, in order to secure the property and prevent it from being disposed of or removed.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. It is not a criminal provision and therefore does not have a bailable or cognizable classification.
Common Questions about Section 85 BNSS
What is Section 85 of BNSS?
Section 85 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Attachment of property of person absconding". In plain terms: This section allows a court to attach a person's property if they are absconding. The court can do this after issuing a proclamation under section 84. The attachment can be of movable or immovable property, and the court can use different methods to attach the property, such as seizure or appointment of a receiver.
What is the punishment under Section 85 of BNSS?
Section 85 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 85 of BNSS bailable or non-bailable?
Whether Section 85 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 85 of BNSS?
The essential elements of Section 85 of BNSS are: The court has issued a proclamation under section 84.; The person is absconding.; The court has reason to believe that the person is about to dispose of or remove their property..
Landmark Judgments under Section 85 BNSS
Sections commonly cited alongside Section 85
Ask Nyaya AI About Section 85
Select a pre-configured prompt to run this section through the grounded research engine.