Provides remedy for third parties to challenge attachment of property of proclaimed person.
Ensures protection of lawful ownership rights during attachment proceedings against absconders.
Introduction
Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a mechanism for any person other than the proclaimed person to raise claims or objections against attachment of property ordered under Section 85 BNSS. The provision safeguards the rights of bona fide third parties whose property may be wrongly attached during proclamation proceedings.
It ensures that attachment orders operate only against property legally belonging to the proclaimed person.
Objective of the Provision
The objectives of Section 87 BNSS are
- to protect third-party ownership rights during attachment proceedings
- to prevent wrongful attachment of property not belonging to the proclaimed person
- to provide a judicial remedy against improper attachment
- to ensure fairness and legality in enforcement of proclamation orders
The provision balances coercive procedural powers with protection of private property rights.
Meaning / Concept
Claims Against Attachment
A claim may be filed where a person asserts that the attached property
- does not belong to the proclaimed person, or
- is partly owned by the claimant, or
- is subject to a lawful interest held by the claimant
Such claims must be supported by evidence establishing ownership or legal interest.
Objections to Attachment
An objection challenges the legality of attachment on grounds such as
- incorrect identification of property
- absence of ownership by the proclaimed person
- procedural irregularity in attachment proceedings
Thus, Section 87 provides an important corrective mechanism.
Detailed Explanation of the Section
Section 87 BNSS provides that
- any person claiming an interest in property attached under Section 85 BNSS
- may file a claim or objection before the court that ordered the attachment
- the claim must be made within the prescribed period from the date of attachment
Upon receiving such claim or objection
- the court shall conduct an inquiry
- examine evidence relating to ownership or interest in the property
- determine whether attachment should be confirmed, modified, or withdrawn
Key features include
- availability of remedy to third parties affected by attachment
- requirement of filing claim within prescribed time
- judicial inquiry into ownership or interest
- authority of court to release property if claim is valid
These safeguards ensure protection against wrongful deprivation of property.
Procedure or Legal Framework
The procedural framework under Section 87 BNSS generally includes
- attachment of property under Section 85 BNSS
- filing of claim or objection by affected person
- submission of documentary evidence supporting ownership or interest
- inquiry conducted by issuing court
- decision confirming or withdrawing attachment
If the claim is rejected, further remedy is available under Section 88 BNSS.
Judicial Interpretation
Courts have consistently emphasized that attachment proceedings must respect rights of third parties.
In Kamal Jeet Singh v. State of Punjab (2009) 7 SCC 673, the Supreme Court held that attachment of property must strictly comply with statutory safeguards and cannot affect property belonging to persons other than the proclaimed offender.
In State of Madhya Pradesh v. Pradeep Sharma (2014) 2 SCC 171, the Court reiterated that attachment proceedings must be based on proper judicial satisfaction regarding ownership of the property.
In Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730, the Supreme Court observed that proclamation and attachment proceedings carry serious legal consequences and must follow statutory procedure carefully.
These decisions reinforce the protective function of Section 87 BNSS.
Importance of the Provision
Section 87 BNSS is important because
- it protects lawful ownership rights of third parties
- it prevents misuse of attachment proceedings
- it ensures judicial scrutiny of disputed ownership claims
- it promotes fairness in proclamation-related attachment actions
The provision safeguards property rights while maintaining effectiveness of attachment proceedings.
Connection with Other Sections
Section 87 BNSS operates alongside related provisions governing attachment of property of proclaimed persons
- Section 84 BNSS – Proclamation for person absconding
- Section 85 BNSS – Attachment of property of person absconding
- Section 86 BNSS – Identification and attachment of property of proclaimed person
- Section 88 BNSS – Release, sale and restoration of attached property
Corresponding Provision under Old Law
Section 87 BNSS corresponds to Section 84 of the Code of Criminal Procedure, 1973.
Illustrative Example
A court attaches a house believed to belong to an absconding accused. A third party produces documents showing that the property was purchased in their name before attachment proceedings began. The court conducts an inquiry and releases the property from attachment. This action is consistent with Section 87 BNSS.
Conclusion
Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides an important safeguard allowing third parties to challenge attachment of property belonging to proclaimed persons. By enabling judicial inquiry into ownership claims, the provision ensures fairness and prevents wrongful deprivation of property during attachment proceedings.
