Section 87 of BNSS : Protecting Property Rights of Innocent People .

Introduction to Section 87 of BNSS / Section 87 of BNSS : Protecting Property Rights of Innocent People .

Section 87 of BNSS gives people a legal way to stop the government from wrongly taking their property. Sometimes, when someone is declared a “proclaimed offender” and their property is attached under Section 85, others who actually own or share that property may be affected. This section helps such people — like family members, co-owners, or tenants — to raise their objections or file a claim in court. It makes sure that only the guilty person’s property is affected and not the innocent person’s. The court checks the facts and decides whether the property should stay attached or be released. This law helps protect the rights of honest people during criminal cases.

What is BNSS Section 87 ?

BNSS Section 87 gives people a chance to raise objections or claims if their property gets wrongly attached by the court under BNSS Section 85. This is important when someone else’s property is taken during legal action against a proclaimed person (someone avoiding arrest). Section 87 ensures innocent people can prove their ownership and get their property back legally.

BNSS Section of 87 in Simple Points

1. Protection for Innocent Owners

BNSS Section 87 is made to protect innocent people whose property is wrongly attached. Sometimes, the court may think the property belongs to the accused, but in reality, it may be shared or rented. This section allows the actual owner or legal user to file an objection and prove ownership. The law ensures that people not involved in a crime do not suffer unfairly. This protection maintains justice and prevents misuse of legal power.

2. Filing Claims Within 6 Months

The claim or objection must be filed within six months from the date the property is attached. This time limit ensures the process is not delayed and the case is resolved quickly. People affected must act fast and gather all supporting documents before approaching the court. If someone misses this deadline without a valid reason, the court may reject the claim. This timeline helps the legal system stay organized and timely.

3. Court’s Inquiry and Decision Process

After receiving the claim, the court conducts an inquiry to verify the facts. Both the claimant and the authorities are heard. The claimant must show evidence like ownership papers, rent agreements, or other legal documents. The court checks everything fairly and then decides if the property should be released or remain attached. This fair process ensures justice is given only after full verification. No side is given preference without proper proof.

4. Legal Heirs Can Continue the Case

If a person who filed a claim dies before the case is completed, their legal representative (like a son, daughter, or spouse) can continue the case. This ensures that death does not stop justice. The court accepts the legal heir to take over and continue with the claim. This helps families avoid losing their property rights due to the death of a family member. It ensures continuity and fairness in long legal proceedings.

5. Civil Suit After Claim Rejected

If the court rejects a claim under Section 87, the person still has the option to file a civil suit within 1 year. This is like a second chance to prove ownership in a higher or civil court. This ensures people are not left helpless if they feel the magistrate’s decision was unfair. It adds another layer of protection and shows that the legal system gives full opportunity for justice.

Section 87 of BNSS Overview

BNSS Section 87 is a law that allows any person (except the proclaimed person) to file a claim or objection if their property has been wrongly attached. It also explains how and where to file the claim, what happens if the claim is rejected, and what rights the claimant has afterward.

BNSS Section 87 – 10 Key Points

1. Right to Claim or Object

BNSS Section 87 allows any person (other than the proclaimed person) to claim that a property attached under Section 85 is wrongly attached. If someone believes that their property or legal rights are affected, they can raise an objection in court. This right protects innocent third parties who are not involved in any criminal act. It also makes sure that the punishment is only for the guilty, not for family or co-owners. The claim must be supported by proper documents like sale deeds, rent agreements, or other proof. This point ensures fairness in the legal process.

2. Time Limit of 6 Months

The objection or claim must be filed within six months from the date the property was attached. This time limit ensures that people act quickly and do not delay the justice process. If a person misses this period, they may lose their chance to claim the property back. However, the court may still consider late applications if there is a strong reason for the delay. Timely action helps in fast resolution of such cases and avoids misuse of the law. This six-month rule brings discipline and order in legal matters.

3. Who Can File the Claim

The claim can be filed only by people who are not the proclaimed offender but are affected by the attachment. These include legal owners, co-owners, tenants, business partners, or family members who hold legal rights to the property. This is important because sometimes more than one person may own a house, shop, or land. Section 87 makes sure such people are not punished for someone else’s wrongdoing. Only genuine interest holders are allowed to file objections under this law.

4. Where to File the Claim

The claim or objection should be submitted to the court that passed the attachment order under Section 85. If the attachment was done in another area, it can also be filed in the court of the Chief Judicial Magistrate (CJM) where the attachment was endorsed. This gives people flexibility in where they can approach the court. It also helps avoid travel issues and legal delays. The location of filing depends on the court jurisdiction mentioned in the attachment process.

5. Transfer of Case to Lower Magistrate

The Chief Judicial Magistrate (CJM) has the authority to transfer the claim to any subordinate magistrate for a faster hearing. This helps the judicial system handle multiple cases efficiently. Lower courts can look into the evidence, hear both sides, and give a proper judgment. This step reduces the workload of higher courts and speeds up justice for claimants. It ensures that the legal process doesn’t get delayed due to technical reasons.

6. Inquiry by the Court

Once the claim or objection is filed, the court starts an inquiry to check whether the claim is valid. The person filing the objection must provide necessary evidence like ownership papers, witness statements, or legal documents. The court also gives the other side (like the police or the government) a chance to respond. This balanced process ensures that both parties are heard before making a final decision. The court’s role is to confirm the truth and protect justice.

7. Power to Release Property

If the court finds that the property belongs to the claimant, it can release the property from attachment. This means the person can take back possession of their house, land, shop, or asset. The court’s decision is based on the evidence provided and not just on verbal claims. This power gives the court the flexibility to correct mistakes made during the attachment process. It also prevents unnecessary damage to innocent people’s lives and businesses.

8. Option to File Civil Suit

If a person’s claim is rejected by the court under Section 87, they still have the right to file a civil suit. The suit must be filed within one year from the date of the court’s rejection. In the civil court, the person can again prove their rights and ask for legal ownership. This gives another chance for justice if someone feels the magistrate’s decision was unfair or incorrect. It keeps the legal door open for genuine cases.

9. Continuation of Claim by Legal Representative

If the person who filed the objection dies before the case is decided, their legal heir or representative can continue the claim. This ensures that justice is not stopped due to the death of the claimant. For example, if a mother filed a claim and passed away, her son or daughter can take the case forward. This provision respects family rights and provides continuity in legal battles. It is especially helpful in long-pending cases.

10. Protection of Innocent People’s Property

The biggest purpose of Section 87 is to protect the property rights of innocent people. Many times, during criminal investigations, properties are wrongly attached due to confusion or incomplete records. This section ensures that such mistakes are corrected. It shows that the law is not just about punishment but also about fairness and justice. By allowing claims and objections, the law protects common citizens from unfair loss.

Example 1: Joint Ownership

Suppose Aman is a proclaimed person and his house is attached. His sister Priya, who owns half the house, shows property papers to the court. The court checks and decides to release Priya’s half from the attachment.

Example 2: Mistaken Attachment

Ravi’s shop is wrongly attached by the court, thinking it belongs to his tenant who is a proclaimed person. Ravi objects in court with ownership proof. The court accepts his claim and removes the attachment on the shop.

Section 87 of BNSS Short Information

BNSS Section 87 FAQs

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