Authorizes attachment of property to compel appearance of proclaimed absconding persons.
Enables coercive recovery mechanisms against individuals evading judicial process after proclamation.
Introduction
Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a court to order attachment of property belonging to a person who has been declared absconding under Section 84 BNSS. The provision operates as a coercive step to compel the appearance of the accused who deliberately avoids execution of a warrant and ignores a proclamation issued by the court.
It strengthens the enforceability of criminal procedure by targeting property interests of absconders who evade judicial authority.
Objective of the Provision
The objectives of Section 85 BNSS are
- to compel appearance of proclaimed absconding persons
- to prevent misuse of concealment to evade criminal proceedings
- to preserve property for possible confiscation or legal action
- to strengthen enforcement of proclamation orders issued by courts
The provision ensures that absconding accused persons cannot avoid legal consequences indefinitely.
Meaning / Concept
Attachment of Property
Attachment refers to temporary seizure or legal restraint placed upon property of the absconding person by order of the court. The purpose is not punishment but compulsion to secure the person’s appearance.
Such attachment may apply to
- movable property
- immovable property
- both movable and immovable assets
Condition Precedent for Attachment
Attachment under Section 85 BNSS can be ordered only after
- issuance of proclamation under Section 84 BNSS
- judicial satisfaction that the person is absconding or concealing themselves
Thus, attachment is a consequential step following proclamation proceedings.
Detailed Explanation of the Section
Section 85 BNSS provides that
- after issuing a proclamation under Section 84 BNSS
- the court may order attachment of any property belonging to the proclaimed person
- attachment may be ordered simultaneously with proclamation where the court is satisfied that immediate attachment is necessary
The court may attach property
- within its jurisdiction, or
- through another court where the property is located outside its jurisdiction
Attachment may take place by
- seizure of movable property
- appointment of receiver
- prohibitory order restraining transfer of property
- taking possession of immovable property
Key features include
- attachment only after proclamation or simultaneous order in urgent cases
- applicability to movable and immovable property
- judicial discretion based on necessity
- execution through competent authorities where property lies outside jurisdiction
These safeguards ensure lawful and proportionate exercise of attachment powers.
Procedure or Legal Framework
The procedural framework under Section 85 BNSS generally includes
- issuance of proclamation under Section 84 BNSS
- judicial satisfaction regarding absconding status of accused
- order directing attachment of specified property
- execution of attachment through police or authorized officers
- preservation or management of attached property under court supervision
Where attachment is simultaneous with proclamation, the court must record reasons justifying urgency.
Judicial Interpretation
Courts have emphasized strict compliance with statutory safeguards before ordering attachment of property.
In State of Madhya Pradesh v. Pradeep Sharma (2014) 2 SCC 171, the Supreme Court observed that attachment proceedings against absconders are justified only where the accused deliberately avoids arrest after issuance of warrant and proclamation.
In Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730, the Court held that absconding conduct and proclamation proceedings indicate deliberate evasion of law and justify coercive procedural consequences.
In Kamal Jeet Singh v. State of Punjab (2009) 7 SCC 673, the Supreme Court stressed that attachment proceedings must strictly comply with statutory requirements and cannot be invoked mechanically.
These decisions underline the seriousness and conditional nature of attachment under Section 85 BNSS.
Importance of the Provision
Section 85 BNSS is important because
- it compels appearance of absconding accused persons
- it prevents misuse of concealment to defeat criminal process
- it preserves property pending further judicial proceedings
- it strengthens enforceability of proclamation orders
The provision acts as an effective coercive mechanism within criminal procedure.
Connection with Other Sections
Section 85 BNSS operates alongside related provisions governing proceedings against absconders
- Section 84 BNSS – Proclamation for person absconding
- Section 86 BNSS – Claims and objections to attachment
- Section 87 BNSS – Release, sale and restoration of attached property
- Section 88 BNSS – Appeal from order rejecting application for restoration
Corresponding Provision under Old Law
Section 85 BNSS corresponds to Section 83 of the Code of Criminal Procedure, 1973.
Illustrative Example
A court issues a proclamation against an accused who absconds after issuance of an arrest warrant. Despite expiry of the statutory period, the accused fails to appear. The court orders attachment of the accused’s house and bank accounts to compel appearance. This action is valid under Section 85 BNSS.
Conclusion
Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to attach the property of persons declared absconding in order to compel their appearance and prevent obstruction of criminal proceedings. By combining proclamation with property attachment, the provision strengthens the effectiveness of judicial enforcement mechanisms.
