(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. (2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him. (4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
Bharatiya Nagarik Suraksha Sanhita
Section 87
Claims and objections to attachment
⚡ Quick Answer Reference: Section 87 BNSS
- Provision: Section 87 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: If someone thinks their property is wrongly attached, they can claim it back within six months. The court will look into the claim and decide if it's valid. If the claim is rejected, the person can still go to court to prove their right to the property within a year.
What does Section 87 of BNSS say?
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What does Section 87 of BNSS mean?
Plain English Explanation
If someone thinks their property is wrongly attached, they can claim it back within six months. The court will look into the claim and decide if it's valid. If the claim is rejected, the person can still go to court to prove their right to the property within a year.
Practical Interpretation
This section allows individuals to challenge the attachment of their property by filing a claim or objection with the court. The court will then investigate the claim and make a decision. If the claim is rejected, the individual can still pursue their claim in a separate court case.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for individuals to challenge the attachment of their property and to ensure that their rights are protected.
- •The claim or objection must be made within six months from the date of attachment.
- •The claim or objection must be made by a person other than the proclaimed person.
- •The claim or objection must be made on the ground that the claimant or objector has an interest in the property and that such interest is not liable to attachment.
- •The claim or objection may be continued by the legal representative of the claimant or objector in the event of their death.
Practical Example of Section 87 BNSS
Rajesh's property was attached under Section 85 of the BNSS. However, Rajesh claims that he has an interest in the property and that it should not be attached. Rajesh files a claim with the court within six months of the attachment. The court will then investigate Rajesh's claim and decide if it is valid. If the claim is rejected, Rajesh can still go to court to prove his right to the property within a year.
Frequently Asked Questions about Section 87 BNSS
Q: What is the punishment or consequence under Section 87 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 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, so it is neither bailable nor cognizable.
Common Questions about Section 87 BNSS
What is Section 87 of BNSS?
Section 87 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Claims and objections to attachment". In plain terms: If someone thinks their property is wrongly attached, they can claim it back within six months. The court will look into the claim and decide if it's valid. If the claim is rejected, the person can still go to court to prove their right to the property within a year.
What is the punishment under Section 87 of BNSS?
Section 87 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 87 of BNSS bailable or non-bailable?
Whether Section 87 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 87 of BNSS?
The essential elements of Section 87 of BNSS are: The claim or objection must be made within six months from the date of attachment.; The claim or objection must be made by a person other than the proclaimed person.; The claim or objection must be made on the ground that the claimant or objector has an interest in the property and that such interest is not liable to attachment..
Landmark Judgments under Section 87 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 87
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