Section 84 CrPC: Claims and Objections to Attachment of Property

Section 84 of the Code of Criminal Procedure, 1973 provides a remedy to a person other than the proclaimed person who claims an interest in property attached under Section 83 and contends that his or her interest is not liable to attachment.

Applicability note: This article explains Section 84 CrPC as applicable to proceedings governed by the Code of Criminal Procedure, 1973 before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, and to matters that continue under the applicable saving provisions. The corresponding provision in the BNSS is Section 87, while attachment of property of a person absconding is dealt with in Section 85 BNSS.

What is Section 84 of the CrPC?

The marginal heading of Section 84 is "Claims and objections to attachment." The provision protects the interest of a third person whose property or proprietary interest may have been affected by an attachment ordered against a proclaimed person under Section 83 CrPC.

Meaning of attachment under Section 83 CrPC

Section 83 CrPC empowers the Court issuing a proclamation under Section 82 to order attachment of movable property, immovable property, or both, belonging to the proclaimed person, subject to the requirements of that section. Section 84 provides the procedure by which a third party may assert that an interest claimed by that third party should not be covered by the attachment.

Who can file a claim or objection?

A claim or objection under Section 84(1) may be made by a person other than the proclaimed person. The claimant or objector must assert an interest in the attached property and must contend that the interest is not liable to attachment under Section 83.

Time limit for filing a claim or objection

The claim or objection must be preferred within six months from the date of attachment. If a claim or objection was made within the permitted period and the claimant or objector subsequently dies, the proceeding may be continued by the legal representative.

Where should the claim or objection be filed?

Under Section 84(2), the claim or objection may ordinarily be filed before the Court that issued the attachment order. Where the property was attached pursuant to an order endorsed under Section 83(2), the claim or objection may be made before the Chief Judicial Magistrate of the district in which the attachment was made.

Inquiry by the Court

Section 84(3) requires the Court in which the claim or objection is made to inquire into it. If the matter is filed before a Chief Judicial Magistrate, the Chief Judicial Magistrate may make it over for disposal to a subordinate Magistrate.

What can the Court decide?

After inquiry, the claim or objection may be allowed or disallowed, either wholly or partly. The central question is whether the claimant or objector has an interest in the attached property and whether that interest is liable to attachment under Section 83.

Remedy when the claim or objection is disallowed

Section 84(4) permits a person whose claim or objection has been disallowed wholly or partly to institute a civil suit to establish the right claimed in the disputed property. The suit must be instituted within one year from the date of the order. Subject to the result of such a suit, the order on the claim or objection is conclusive.

Section 84 CrPC in brief

The property must have been attached under Section 83 CrPC.
The claimant or objector must be someone other than the proclaimed person.
The claimant must assert an interest in the attached property.
The claim must state that the interest is not liable to attachment under Section 83.
The claim or objection must ordinarily be filed within six months from the date of attachment.
The Court must inquire into the claim or objection.
A claim may be allowed or disallowed wholly or partly.
If disallowed, a civil suit to establish the claimed right may be filed within one year from the order.

Text and effect of Section 84 CrPC

Section 84(1): A third person claiming an interest in property attached under Section 83 may, within six months from the attachment, object on the ground that the claimed interest is not liable to attachment. The Court must inquire into the claim and may allow or disallow it wholly or partly. A timely claim may be continued by the legal representative if the claimant or objector dies.

Section 84(2): The claim is made before the Court issuing the attachment order or, in the circumstances specified in Section 83(2), before the Chief Judicial Magistrate of the district where attachment is made.

Section 84(3): The Court receiving the claim conducts the inquiry. A Chief Judicial Magistrate may transfer the matter for disposal to a subordinate Magistrate.

Section 84(4): A person whose claim is disallowed wholly or partly may institute a suit within one year to establish the claimed right in the property. Subject to the outcome of that suit, the order is conclusive.

Relationship with Sections 82, 83 and 85 CrPC

Section 82 CrPC concerns proclamation for a person absconding. Section 83 CrPC deals with attachment of property of a person absconding. Section 84 provides the third-party claims and objections procedure. Section 85 CrPC deals with release, sale and restoration of attached property.

Practical points for a claim or objection

A claimant should clearly identify the attachment order, the property concerned, the nature and source of the claimed interest, and the reason that the interest is not liable to attachment. Documents supporting ownership or another legally recognizable interest should be placed before the Court as relevant to the particular case. The statutory limitation periods under Section 84 should be checked carefully.

This page explains the CrPC provision for legal information. The applicable procedural law and saving provisions should be checked for the date and stage of the particular proceeding.