CrPC Section 83 — Attachment of property of person absconding

CHAPTER VI PROCESSES TO COMPEL APPEARANCE

General

Summary

Sub-section (1) allows the Court that issued a proclamation under section 82 to order attachment of any movable or immovable property, or both, belonging to the proclaimed person. The Court must record its reasons in writing, and may make the order any time after issuing the proclamation. The proviso allows attachment at the same time as the proclamation if the Court is then satisfied, by affidavit or otherwise, that the person is about to dispose of all or part of their property (clause (a)), or is about to remove all or part of it from the Court’s local jurisdiction (clause (b)).

Sub-section (2) authorises attachment of the person’s property within the district where the order is made. Property outside that district may be attached under the order when it is endorsed by the District Magistrate for the district where the property is located.

Sub-section (3) sets out how attachment is to be made when the property is a debt or other movable property: (a) by seizure; (b) by appointing a receiver; (c) by a written order prohibiting delivery of the property to the proclaimed person or anyone acting on their behalf; or (d) by using all three methods or any two of them, as the Court thinks fit.

Sub-section (4) provides that where the property is immovable land that pays revenue to the State Government, attachment is to be made through the Collector of the district where the land is located. In all other cases, attachment is to be made by (a) taking possession; (b) appointing a receiver; (c) a written order prohibiting the payment of rent on delivery of the property to the proclaimed person or anyone acting on their behalf; or (d) using all three methods or any two of them, as the Court thinks fit.

Sub-section (5) allows the Court, if it thinks it appropriate, to order the immediate sale of attached live-stock or property that is perishable. The sale proceeds remain subject to the Court’s order.

Sub-section (6) provides that a receiver appointed under this section has the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.

Official 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).

Sections referred to

Referred to by

Related Judgments

  • NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTOR vs STATE OF MAHARASHTRA AND ANR — Supreme Court of India (2019)
  • STANDARD CHARTERED BANK vs V. NOBLE KUMAR & OTHERS — Supreme Court of India (2013)
  • AMINA AHMED DOSSA AND ORS. vs STATE OF MAHARASHTRA — Supreme Court of India (2001)
  • VIMALBEN AJITBHAI PATEL vs VATSLABEEN ASHOKBHAI PATEL AND ORS — Supreme Court of India (2008)
  • THE AUTHORISED OFFICER, INDIAN BANK vs D. VISALAKSHI AND ANR — Supreme Court of India (2019)
  • MONICA vs SATISH SHARMA & ANR — Supreme Court of India (2009)

Old <-> New Code Mapping

  • BNSS §85 — Attachment of property of person absconding