Bharatiya Nagarik Suraksha Sanhita, 2023
Section 87
Claims and objections to attachment
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest
in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.
(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
Why this exists
When someone is declared a proclaimed offender for evading arrest, the law allows attachment of their property to pressure them into appearing before court. But attachment orders are made quickly and can sweep in property that actually belongs to family members, business partners, or other innocent third parties. This section balances the state's need to compel appearance against the rights of genuine third-party owners, by giving them a structured window to object and, if unsatisfied, to move a civil court for a final, evidence-based determination of ownership.
How courts read it
Under the predecessor provision (section 84 of the Code of Criminal Procedure, 1973), courts consistently held that this is a summary inquiry meant only to test possession and apparent interest, not a full trial of title — the criminal court's decision is provisional and doesn't bar a civil suit. Courts have also held that the six-month and one-year limitation periods are meant to be applied strictly, since attachment proceedings are meant to move quickly, though genuine hardship (like death of the claimant, covered by the proviso) is accommodated by allowing legal representatives to continue the claim.
Common misconceptions
- Myth: Once the magistrate rejects a claim under this section, the claimant permanently loses the property.
Fact: The rejection is not final — the claimant has one year to file a civil suit to establish their right, and the magistrate's order only stands 'subject to the result of such suit.' - Myth: Anyone can object to the attachment at any time.
Fact: The claim or objection must be made within six months of the attachment, though a deceased claimant's legal representative can continue a claim already filed within that period. - Myth: The proclaimed person (the absconder) can also use this section to object to their own property being attached.
Fact: The section explicitly excludes the proclaimed person — only 'any person other than the proclaimed person' can raise such a claim.