What is the procedure of attaching property of absconding person? Courts power to attach property of absconding persons as per Section 83 of CRPC

 

 

Section 83 of Code of Criminal Procedure 1973 has provision regarding power of court to attach property of absconding person. The legal provision related to attachment of property are:

 

As per Section 83 (1) The court issuing a proclamation under section 82 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 simultaneously with the issue of the proclamation.
(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize 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 possessions 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)

PROCLAMATION AND ATTACHMENT

Section 82 of CRPC 1973 - What is Proclamation for person absconding? How it made? Notice for PO as per Code of Criminal Procedure 1973

Section 83 of CRPC 1973 - What is the procedure of attaching property of absconding person? Courts power to attach property of absconding persons

Section 84 of CRPC 1973 - How claims and objections can be filed against attachment of property of absconding person? Procedure to file objections and claims

Section 85 of CRPC 1973 - What is the procedure for release, sale and restoration of attached property under Section 83 of CRPC? Section 85 of CRPC. How to file appeal against rejection application for restoration of attached property

 

 

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