Section 84 CrPC - Claims and Objections to Attachment (Now Section 87 BNSS)
Section 84 of the Code of Criminal Procedure, 1973 protected the interests of persons other than the proclaimed person when property was attached under Section 83. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 87, which concerns attachments under BNSS Section 85.
Meaning and purpose of the provision
A claim asserts a legal interest in attached property; an objection challenges the attachment of that interest. A proclaimed person is the person against whom a proclamation requiring appearance has been issued under the applicable criminal procedure law. This provision enables a third party to seek an inquiry where the third party's interest should not be subjected to the attachment.
The provision must be read together with Section 83 CrPC (attachment of property) or, under the current legislation, BNSS Section 85. It does not create a general remedy for every form of seizure or attachment.
Who can object and within what period?
Under CrPC Section 84(1), a person other than the proclaimed person may claim or object within six months from the date of attachment, asserting an interest in the property that is not liable to attachment under CrPC Section 83. BNSS Section 87(1) applies the same framework to attachment under BNSS Section 85.
A claimant may, depending on the facts, be a co-owner or another person holding a legally recognizable interest. The claimant must establish the claimed interest and why it is not liable to attachment; merely asserting ownership does not automatically secure release. If a claimant or objector dies after making a timely claim, the legal representative may continue it.
Where should the claim or objection be filed?
Under CrPC Section 84(2), the claim may be made in the court that issued the attachment order. Where property is attached under an order endorsed pursuant to CrPC Section 83(2), the claim may be made before the Chief Judicial Magistrate of the district where the attachment occurred. The corresponding references under BNSS Section 87(2) are to BNSS Section 85(2).
How does the court decide the objection?
The court receiving the claim must inquire into it and may allow or disallow it wholly or partly. If the matter is filed before a Chief Judicial Magistrate, the Magistrate may transfer its disposal to a subordinate Magistrate. The inquiry considers the claimed interest and its susceptibility to attachment; its outcome depends on the evidence and applicable law.
Remedy when a claim is rejected
CrPC Section 84(4), and the corresponding BNSS Section 87(4), allow a person whose claim or objection has been rejected in whole or in part to institute a civil suit within one year from the date of the rejection order to establish the asserted right in the disputed property. Subject to the result of such a suit, if any, the order on the claim or objection is conclusive. This one-year period is distinct from the six-month period for initially making an objection.
Section 84 CrPC - Original statutory provisions explained
Sub-section (1): Claims and objections
A person other than the proclaimed person who claims an interest not liable to attachment under Section 83 may raise a claim or objection within six months of attachment. The court inquires into the claim and may allow or reject it in whole or in part. A legal representative may continue a claim lodged in time if the claimant dies.
Sub-section (2): Court having jurisdiction
The claim is filed before the court issuing attachment or, in the specified endorsed-attachment case, before the Chief Judicial Magistrate of the district where attachment is made.
Sub-section (3): Inquiry by court
The court receiving the claim conducts the inquiry. The Chief Judicial Magistrate may make it over to a subordinate Magistrate for disposal.
Sub-section (4): Civil suit
A person whose claim is disallowed wholly or partly may file a suit within one year from the order to establish the claimed right. The claim order is conclusive subject to the outcome of that suit.
Section 87 BNSS - Corresponding current law
Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the substance of the earlier third-party objection mechanism. The principal cross-reference changes from CrPC Section 83 to BNSS Section 85. The six-month claim period, inquiry, role of the Chief Judicial Magistrate, continuation by a legal representative and one-year civil suit remedy remain in the corresponding provision.
Related current provisions include BNSS Section 84 (proclamation for a person absconding), Section 85 (attachment of property of a person absconding), Section 87 (claims and objections), and Section 88 (release, sale and restoration of attached property).
Practical considerations for claimants
- Identify the attachment order, the property affected and the exact attachment date.
- Collect documents supporting ownership or another legally enforceable interest, including relevant registered instruments, records or agreements.
- Submit the claim to the competent court within the statutory six-month period, explaining why the claimed interest is not liable to attachment.
- Participate in the inquiry and retain a copy of the order.
- If the claim is rejected wholly or partly, promptly obtain advice on the one-year civil suit period and the appropriate relief.
Frequently asked questions
What is the new BNSS section corresponding to CrPC Section 84?
It is Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can the proclaimed person file an objection under Section 84 CrPC?
Section 84 specifically provides a claim or objection procedure for persons other than the proclaimed person. Separate provisions govern the proclaimed person's rights regarding release or restoration of attached property.
Is the objection deadline six months or one year?
The initial third-party claim or objection must be made within six months from attachment. A civil suit following an order disallowing the claim wholly or partly may be instituted within one year from that order.
Does the CrPC still apply after 1 July 2024?
The BNSS replaced the CrPC, but Section 531 of the BNSS contains savings for specified pending proceedings. The procedural law applicable to a particular matter must be determined from its facts and procedural history.
Official legislation and further reading
For authoritative statutory wording, consult the official enactments and commencement notifications. This article is an explanatory guide, not a substitute for the statutory text or legal advice.
- India Code - official central legislation database (search for the Code of Criminal Procedure, 1973 and Bharatiya Nagarik Suraksha Sanhita, 2023).
- Bureau of Police Research and Development - BNSS statutory text and comparison (PDF).
- Government of India - CrPC Section 84 text.
- Section 85 CrPC - Release, sale and restoration of attached property.