Bharatiya Nagarik Suraksha Sanhita, 2023
Section 85
Attachment of property of person absconding
(1) The Court issuing a proclamation under section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,—
(a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment of property simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made—
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases—
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).
Why this exists
This provision exists to give courts a practical tool to compel a fugitive accused to return and face trial. Simply declaring someone an absconder or 'proclaimed offender' often has little effect if the person can safely disappear while their assets remain untouched or are quietly sold off. By allowing attachment of property — sometimes even before the formal proclamation period runs out, if there's a real risk of the person hiding or moving assets — the law creates financial pressure that can bring the person back or make hiding costly. This mirrors long-standing criminal procedure design (carried over from the earlier Code of Criminal Procedure) balancing the state's interest in securing a trial against protecting property from arbitrary seizure through safeguards like written reasons and district-based limits.
How courts read it
Courts have generally treated this power as coercive rather than punitive — its purpose is to secure the person's appearance, not to punish them by confiscating their belongings outright. As a result, attachment orders are usually read as provisional: if the absconder appears and satisfies the court, the property is ordinarily released back, subject to the court's directions. Courts have also emphasised that the safeguards — recording reasons in writing, and requiring endorsement by a District Magistrate for property outside the court's own district — must be followed, since attachment affects property rights before any conviction. Because this is a fairly technical, procedure-heavy section, litigated disputes tend to focus on whether the proper method of attachment was used (seizure vs. receiver vs. prohibitory order) and whether jurisdictional formalities for out-of-district property were respected.
Common misconceptions
- Myth: Attaching someone's property under this section means the government permanently takes it away.
Fact: Attachment is usually meant to pressure the person into appearing in court; if they show up and satisfy the court, the property is typically released, not confiscated forever. - Myth: A court can freeze property anywhere in the country the moment it issues a proclamation.
Fact: The order automatically covers only property within the same district; attaching property in another district needs that district's Magistrate to endorse the order. - Myth: The court must wait until the full proclamation process is over before touching any property.
Fact: If there's credible evidence the person is about to sell or move the property away, the court can order attachment right at the same time as issuing the proclamation.