Section 83 CrPC: Attachment of Property of an Absconding Person

Section 83 of the Code of Criminal Procedure, 1973 (CrPC), permits a court to attach property belonging to a person against whom a proclamation has been issued. For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the corresponding provision is Section 85 BNSS.

What is attachment of property under Section 83 CrPC?

Attachment is a court-directed legal restraint or control over property. It may involve seizure, possession, appointment of a receiver, or an order restricting transfer or delivery. It is intended to support the process requiring an absconding person to appear before the court; it does not automatically transfer ownership to the government.

Section 82 CrPC provides for a proclamation requiring a person to appear when a warrant cannot be executed because the person has absconded or is concealing himself or herself. Section 83 CrPC addresses attachment of that person's property. The corresponding BNSS provisions are Sections 84 and 85, respectively.

Section 83(1): When can a court attach property?

A court issuing a proclamation under Section 82 may, for reasons recorded in writing, order attachment of movable property, immovable property, or both, belonging to the proclaimed person, at any time after issuing the proclamation.

The proviso permits attachment simultaneously with the proclamation where the court is satisfied, by affidavit or otherwise, that the person is about to dispose of all or part of the property or remove all or part of it from the court's local jurisdiction. The court must have the statutory basis for invoking this exceptional simultaneous procedure.

How attachment is carried out under Section 83

Section 83(2): Property within or outside the district

The order authorises attachment of property within the district where it is made. For property in another district, the order requires endorsement by the District Magistrate of the district where the property is situated.

Section 83(3): Debts and other movable property

Attachment may be effected by seizure, appointment of a receiver, a written order prohibiting delivery of the property to the proclaimed person or anyone acting on that person's behalf, or a combination of the permitted methods as the court considers appropriate.

Section 83(4): Immovable property

Where the property is land paying revenue to the State Government, attachment is made through the Collector of the district in which the land is situated. For other immovable property, the court may direct taking possession, appoint a receiver, issue a written order prohibiting payment of rent or delivery of the property to the proclaimed person or a representative, or use a permitted combination of these methods.

Section 83(5): Livestock and perishable property

If attached property consists of livestock or is perishable, the court may order its immediate sale where expedient. Sale proceeds remain subject to the court's order.

Section 83(6): Receiver's powers

A receiver appointed under this section has the same powers, duties and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.

Rights of owners and third parties

Attachment does not extinguish the rights of third parties. Section 84 CrPC addresses claims and objections to attachment by persons other than the proclaimed person who assert an interest in the property. It includes procedures and time limits for asserting such claims.

Section 85 CrPC governs release, sale and restoration of attached property, including circumstances in which property may be released when the proclaimed person appears or is brought before the court, and later restoration subject to statutory conditions. Section 86 CrPC provides an appeal against an order rejecting an application for restoration under Section 85(3).

In BNSS-governed proceedings, consult the corresponding provisions in Sections 86, 87 and 88 BNSS for claims and objections, release or restoration, and appeal. The precise remedy depends on the facts, the governing procedural law and the order passed.

Corresponding provisions under CrPC and BNSS

Important practical considerations

A proclamation and an attachment order are distinct judicial steps. The mere issue of a warrant does not, by itself, authorise attachment under Section 83. The court must satisfy the statutory prerequisites, record reasons and follow the applicable method of attachment. A person claiming independent ownership or another legal interest should promptly examine the order and applicable claim procedure.

Official legal sources and further reading

• India Code: Central Acts and updated legislation (search for the Code of Criminal Procedure, 1973, Section 83, and the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 85).
• e-Gazette of India for the enacted BNSS and commencement notifications.
• Section 82 CrPC: Proclamation for person absconding.
• Section 84 CrPC: Claims and objections to attachment.

Disclaimer: This article provides general legal information, not case-specific legal advice. Consult the statutory text and current judicial decisions for the facts of a particular proceeding.