Section 83 CrPC: Attachment of Property of an Absconding Person
Section 83 of the Code of Criminal Procedure, 1973 governed the power of a criminal court to attach movable or immovable property belonging to a person against whom a proclamation under Section 82 CrPC had been issued. This article explains the law applicable under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
When could a court order attachment under Section 83(1)?
After issuing a proclamation under Section 82 CrPC, the court could, for reasons recorded in writing, order attachment of any movable property, immovable property, or both, belonging to the proclaimed person.
The proviso also permitted attachment at the same time as the proclamation where the court was satisfied, by affidavit or otherwise, that the person was about to dispose of the whole or any part of the property, or was about to remove the whole or any part of the property from the local jurisdiction of the court.
Territorial operation of the attachment order - Section 83(2)
The order authorised attachment of property situated within the district in which the order was made. Where the property was outside that district, the attachment could operate after endorsement by the District Magistrate within whose district the property was situated.
How movable property could be attached - Section 83(3)
Where the attached property was a debt or other movable property, the CrPC permitted one or more of the following methods:
- seizure;
- appointment of a receiver;
- a written order prohibiting delivery of the property to the proclaimed person or anyone acting on that person's behalf; or
- all or any two of these methods, as the court considered appropriate.
How immovable property could be attached - Section 83(4)
For land paying revenue to the State Government, attachment was to be made through the Collector of the district in which the land was situated. In other cases, attachment could be effected by:
- taking possession;
- appointing a receiver;
- a written order prohibiting payment of rent or delivery of the property to the proclaimed person or anyone on that person's behalf; or
- all or any two of these methods, as the court considered appropriate.
Livestock and perishable property - Section 83(5)
If the attached property consisted of livestock or was perishable, the court could, where it considered immediate sale expedient, order its sale. The sale proceeds remained subject to the further order of the court.
Receiver appointed under Section 83(6)
The powers, duties and liabilities of a receiver appointed under Section 83 were the same as those of a receiver appointed under the Code of Civil Procedure, 1908.
Claims, objections, release and restoration
Section 83 did not operate in isolation. Section 84 CrPC dealt with claims and objections by persons asserting an interest in attached property. Section 85 CrPC dealt with release, sale and restoration of attached property, while Section 86 provided an appeal from an order rejecting an application for restoration.
Practical legal effect of Section 83 CrPC
The statutory sequence is important: the power of attachment ordinarily followed the issue of a proclamation under Section 82, and the court was required to record reasons for ordering attachment. Simultaneous attachment was specifically contemplated where the statutory conditions concerning disposal or removal of property were satisfied.