Bharatiya Nagarik Suraksha Sanhita, 2023
Section 89
Appeal from order rejecting application for restoration of attached property
Any person referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court. D.—Other rules regarding processes
Why this exists
When a court attaches someone's property (for example, to force an absconding accused to appear), disputes can arise about who is entitled to get that property back once the attachment ends. Section 88 lets a claimant apply for restoration of such property, but the magistrate might reject the claim. Section 89 gives the disappointed claimant a right to appeal that rejection, rather than leaving the decision unchallengeable, ensuring fairness in property disputes tied to criminal proceedings.
Common misconceptions
- Myth: This section lets anyone appeal any property attachment order.
Fact: It only applies to a specific situation: someone referred to in section 88(3) whose claim to attached property (or its sale proceeds) was refused.