Introduction to Section 85 BNSS / Property Attachment for Absconders
Section 85 BNSS of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the attachment of property of a person who has absconded — meaning someone who is deliberately hiding or avoiding arrest after being accused of a crime. This law allows the court to protect the legal process by freezing or taking control of the absconder’s assets. The idea is simple: a person cannot run away from justice and still enjoy the benefits of their property. This section helps in stopping such misuse by giving the courts strong legal tools to act.
What is BNSS Section 85 ?
BNSS Section 85 allows the court to take control of a person’s property if they run away after being accused of a crime. It covers both movable and immovable property like money, land, or vehicles. The goal is to stop the absconder from selling or hiding their assets. This helps the law make sure justice is served, even if the person is missing.
BNSS Section of 85 in Simple Points
1. Attachment After Declaring a Person as Absconding
Once the court issues a proclamation under Section 84, declaring a person as absconding, it can also order the attachment of that person’s property. This includes both movable and immovable assets like cash, land, house, vehicle, etc. The purpose is to make sure that the person cannot sell or hide their assets while on the run. However, the court must record its reasons in writing before taking this step. This ensures transparency and prevents misuse of power by authorities.
2. Emergency Attachment in Urgent Situations
Sometimes, there is a risk that the absconding person may quickly sell or shift the property before the proclamation is even officially made. In such cases, the court can order property attachment at the same time it declares the person as absconding. But this can only be done if the court is satisfied through an affidavit or other proof that there’s a genuine threat. This ensures that no time is wasted, and the property is secured immediately to protect the legal process.
3. Property Can Be Attached Even Outside the District
The power of attachment is not limited to one location. If the absconder owns property outside the court’s district, that property can also be attached. However, for this to happen, the court’s order must be endorsed (approved) by the District Magistrate of the area where the other property is located. This way, the law covers both local and distant properties, making sure the absconder cannot hide assets anywhere else in the country.
4. Different Methods to Attach Movable and Immovable Property
The court can attach movable property (like vehicles or jewelry) by seizing it, appointing a receiver, or banning its transfer. For immovable property (like land or a house), the court may take possession, assign a receiver, or stop rent collection. In both cases, the court can use one or more of these methods together. If the property is perishable or includes livestock, the court may even order its immediate sale, and keep the money safely until further decision is made.
5. Receiver’s Role and Legal Protection
If the court appoints a receiver (a neutral person who takes charge of the property), they will act like a court-appointed manager. The receiver has to follow the rules set out in the Code of Civil Procedure, 1908. Their duty is to protect the property, ensure it is not misused, and follow the court’s instructions. This method ensures that the assets remain safe and are not wasted or mismanaged while the person is absconding.
Section 85 of BNSS Overview
When someone accused of a crime runs away or hides to avoid arrest, the law must act quickly to prevent that person from escaping justice or protecting their ill-gotten wealth. Section 85 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 gives the court powers to attach the property of a proclaimed absconder. Let’s understand this section in detail, step by step.
BNSS Section 85: 10 Key Points Detailed Explanation
1. Trigger Point: Issuance of Proclamation Under Section 84
Before this section applies, the court must issue a proclamation under Section 84, declaring a person as absconding. Only after this declaration (or at the same time, in urgent cases), can the court move to attach their property.
2. Court Can Order Property Attachment — With Reasons
After proclaiming a person absconding, the court can order the attachment of any property (movable, immovable, or both) belonging to that person. But this isn’t arbitrary — reasons must be recorded in writing to justify the attachment. This keeps the process fair and accountable.
3. Urgent Situations: Simultaneous Attachment
If the court has credible information (like an affidavit) showing that the person is trying to sell off or move their property out of the court’s reach, it can order the attachment at the same time it issues the proclamation. This is a preventive step to avoid misuse or concealment of assets.
4. Scope of Attachment: Within and Beyond the District
The initial order applies to properties within the same district. But if the absconder owns property outside that district, the order can still apply — if it’s endorsed by the District Magistrate of the area where that property is located.
5. How Movable Property Is Attached
If the property is movable — like vehicles, cash, jewelry, etc. — the court can attach it using one or more of the following methods:
- Seizure (physically taking it)
- Appointing a receiver to manage the property
- Issuing a ban on transferring the property to the absconder or anyone acting for them
- Combining any two or more methods as the court sees fit
6. How Immovable Property Is Attached
For immovable property — such as land, houses, buildings — the attachment depends on whether the land pays revenue to the State:
- If yes, the District Collector carries out the attachment.
- If no, the court can:
- Take physical possession
- Appoint a receiver
- Ban rent payments or transfers to the absconder
- Use a mix of these methods
7. Special Rule for Perishable or Livestock Property
If the property includes live animals or items that can spoil quickly, the court can order an immediate sale. The money earned from this sale is kept safe under court direction, to be dealt with later as per legal orders.
8. Role of the Receiver
If the court appoints a receiver to manage the property, that person has the same powers, responsibilities, and legal duties as under the Code of Civil Procedure, 1908. The receiver becomes the legal custodian of the property until further court orders.
9. Purpose of Property Attachment
The main objective here is to ensure the absconder faces justice and doesn’t benefit from delaying or dodging legal processes. It also protects the value of assets for victims or the state, if compensation or fines are later imposed.
10. Checks and Balances for Fairness
While the law grants strong powers to the court, it also includes safeguards like requiring written reasons and endorsements from other district authorities to prevent misuse. These ensure transparency, fairness, and legal control over property attachment.
Example 1: Hiding After Economic Offence
Ravi is accused of a ₹10 crore fraud. After hearing that a case is being filed, he runs away and hides in another state. The court declares him absconding and orders attachment of his house and car. Since he was planning to sell his farmhouse, the court attaches that too immediately. This prevents him from selling or transferring the property while he avoids arrest.
Example 2: Criminal Case with Land Transfer Attempt
Meena is accused in a serious criminal case. Before the police can arrest her, she tries to transfer her farmland to a friend. The court finds out and issues a simultaneous proclamation and attachment order under Section 85. Her land and bank accounts are frozen, ensuring she cannot benefit while hiding from the law.
Section 85 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Legal Action After Proclamation | The court can attach the property after declaring someone absconding under Section 84. |
| 2. Emergency Attachment | If the person may quickly move/sell property, attachment can happen along with proclamation. |
| 3. Applies Inside and Outside District | Property in another district can be attached with the help of that area’s District Magistrate. |
| 4. Movable and Immovable Property | Movable items are seized or managed; immovable property may be possessed or frozen. |
| 5. Court-Appointed Receiver | A receiver may manage the property, following the rules of the Civil Procedure Code, 1908. |
BNSS Section 85 FAQs
BNSS 85
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