The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.
Bharatiya Nagarik Suraksha Sanhita
Section 86
Identification and attachment of property of proclaimed person
Englishहिंदी
⚡ Quick Answer Reference: Section 86 BNSS
- Provision: Section 86 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: A court can ask for help from another country's court or authority to identify, freeze, and seize the property of a person who has been declared a proclaimed offender. This can be done if a police officer of a certain rank writes a request to the court.
Statutory Content
What does Section 86 of BNSS say?
Indian StandardSection 86, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 86 (India)
Court Pleading StandardSection 86 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/86
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 86 of BNSS mean?
Plain English Explanation
A court can ask for help from another country's court or authority to identify, freeze, and seize the property of a person who has been declared a proclaimed offender. This can be done if a police officer of a certain rank writes a request to the court.
Practical Interpretation
In practice, this section allows Indian courts to collaborate with foreign authorities to track down and confiscate assets linked to proclaimed offenders. This process typically begins with a written request from a senior police officer.
Core Legal Purpose
The core purpose of Section 86 is to facilitate international cooperation in identifying, freezing, and seizing the property of proclaimed offenders, thereby disrupting their ability to engage in illicit activities.
Key Legal Elements
- •The court must receive a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police.
- •The request must be for assistance from a court or authority in a contracting State.
- •The property in question must belong to a proclaimed person.
- •The request must be made in accordance with the procedure provided in Chapter VIII.
Practical Example
Practical Example of Section 86 BNSS
Rajesh, a proclaimed offender, has a bank account in the United States. Priya, a senior police officer, writes a request to the Indian court to assist in identifying and freezing Rajesh's US bank account. The court, following the procedure outlined in Chapter VIII, sends a request to the US authority to freeze Rajesh's account. The US authority complies, and Rajesh's assets are effectively frozen, limiting his ability to engage in further illicit activities.
Common Questions (FAQ)
Frequently Asked Questions about Section 86 BNSS
Q: What is the punishment or consequence under Section 86 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to proclaimed persons, which can include 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 relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 86 BNSS
What is Section 86 of BNSS?
Section 86 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Identification and attachment of property of proclaimed person". In plain terms: A court can ask for help from another country's court or authority to identify, freeze, and seize the property of a person who has been declared a proclaimed offender. This can be done if a police officer of a certain rank writes a request to the court.
What is the punishment under Section 86 of BNSS?
Section 86 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 86 of BNSS bailable or non-bailable?
Whether Section 86 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 86 of BNSS?
The essential elements of Section 86 of BNSS are: The court must receive a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police.; The request must be for assistance from a court or authority in a contracting State.; The property in question must belong to a proclaimed person..
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