CrPC Section 84 — Claims and objections to attachment

CHAPTER VI PROCESSES TO COMPEL APPEARANCE

General

Summary

Sub-section (1) A person other than the proclaimed person may, within six months from the date property is attached under section 83, claim the property or object to its attachment if they say they have an interest in it that is not liable to attachment under that section. The claim or objection must be examined and may be allowed or rejected, wholly or partly. Proviso to sub-section (1): If the claimant or objector dies, their legal representative may continue a claim or objection made within the six-month period.

Sub-section (2) A claim or objection may be made in the Court that issued the attachment order. If it concerns property attached under an order endorsed under section 83(2), it may be made in the Court of the Chief Judicial Magistrate for the district where the attachment took place.

Sub-section (3) The Court where the claim or objection is made must examine it. Proviso to sub-section (3): If it is made in the Court of a Chief Judicial Magistrate, that Magistrate may send it to a subordinate Magistrate for disposal.

Sub-section (4) A person whose claim or objection is rejected wholly or partly under sub-section (1) may, within one year from the date of that order, file a suit to establish the right they claim in the disputed property. Subject to the outcome of any such suit, the order is conclusive.

Official Text

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, 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 83, 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 83, 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.

Sections referred to

CrPC §83 — Attachment of property of person absconding

Referred to by

CrPC §85 — Release, sale and restoration of attached property

Related Judgments

AMINA AHMED DOSSA AND ORS. vs STATE OF MAHARASHTRA — Supreme Court of India (2001)
Dena Bank vs The State of Maharashtra & anr — Bombay High Court (Mumbai Principal Seat) (2019)
CHUNNI BAI vs STATE OF CHHATTISGARH — Supreme Court of India (2025)

Old <-> New Code Mapping

BNSS §87 — Claims and objections to attachment