(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.
Bharatiya Nagarik Suraksha Sanhita
Section 88
Release, sale and restoration of attached property
⚡ Quick Answer Reference: Section 88 BNSS
- Provision: Section 88 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section explains the rules for releasing, selling, or restoring property that was attached due to a person's absence in court. The property can be released if the person appears in court on time.
What does Section 88 of BNSS say?
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What does Section 88 of BNSS mean?
Plain English Explanation
This section explains the rules for releasing, selling, or restoring property that was attached due to a person's absence in court. The property can be released if the person appears in court on time.
Practical Interpretation
In practice, this section ensures that attached property is handled fairly, considering the rights of both the absent person and the state. It sets timelines and conditions for the sale or restoration of such property.
Core Legal Purpose
The core purpose is to balance the need for the state to manage attached property with the rights of the property owner, ensuring fairness and justice in the process of handling such property.
- •The proclaimed person must appear within the specified time in the proclamation.
- •The property must be under attachment and at the disposal of the State Government.
- •The key legal test is whether the person had notice of the proclamation and whether they absconded to avoid execution of the warrant.
- •A key exception is if the property is subject to speedy and natural decay, or if the sale would benefit the owner.
Practical Example of Section 88 BNSS
Rajesh, a resident of Mumbai, had his property attached due to his absence in a court case. If Rajesh appears in court within the specified time, the property will be released. However, if he fails to appear, the state may sell the property after six months, unless it's subject to decay or selling it would benefit Rajesh. If Rajesh later proves he didn't abscond and had no notice of the proclamation, he might be able to recover his property or its proceeds.
Frequently Asked Questions about Section 88 BNSS
Q: What is the punishment or consequence under Section 88 of BNSS?
The consequence under this section is not a punishment but rather a procedural outcome where the attached property may be sold, and the proceeds may be used to satisfy costs incurred due to the attachment, with any remainder going to the state or potentially being restored to the owner under certain conditions.
Q: Does this section apply to private individuals or public entities?
This section applies to situations involving private individuals whose property has been attached due to their absence in court proceedings. It does not directly address public entities but focuses on the management and potential sale of attached private property.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the traditional sense of criminal law but rather with civil procedural aspects regarding the attachment, sale, and restoration of property. Thus, it does not classify an offence as bailable or cognizable.
Common Questions about Section 88 BNSS
What is Section 88 of BNSS?
Section 88 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Release, sale and restoration of attached property". In plain terms: This section explains the rules for releasing, selling, or restoring property that was attached due to a person's absence in court. The property can be released if the person appears in court on time.
What is the punishment under Section 88 of BNSS?
Section 88 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 88 of BNSS bailable or non-bailable?
Whether Section 88 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 88 of BNSS?
The essential elements of Section 88 of BNSS are: The proclaimed person must appear within the specified time in the proclamation.; The property must be under attachment and at the disposal of the State Government.; The key legal test is whether the person had notice of the proclamation and whether they absconded to avoid execution of the warrant..
Landmark Judgments under Section 88 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 88
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