Section 86 BNSS: Identification and Attachment of Property of Proclaimed Person
Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a mechanism for obtaining assistance from a Court or authority in a contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person. The process is initiated by the Court on a written request from a senior police officer of the prescribed rank and follows Chapter VIII of the BNSS.
Section 86 BNSS - Bare Act Text
86. Identification and attachment of property of proclaimed person.
The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.
Meaning and Scope of Section 86 BNSS
Section 86 is a special provision dealing with property of a proclaimed person that requires assistance from another country falling within the statutory concept of a contracting State. It connects the proclamation and property-attachment framework in Chapter VI with the international assistance procedures contained in Chapter VIII of the BNSS.
1. Written request by a senior police officer
The process begins only on a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police. A request from an officer below that statutory rank does not satisfy the express wording of Section 86.
2. Court initiates the international assistance process
On receiving the qualifying written request, the Court may initiate the process of requesting assistance from a Court or an authority in the contracting State. The section therefore places the formal initiation of the request with the Court rather than treating the police request itself as the final international request.
3. Identification, attachment and forfeiture
The provision expressly covers three forms of action concerning the proclaimed person's property: identification of the property, attachment of the property and forfeiture of the property.
4. Property must belong to a proclaimed person
Section 86 is confined to property belonging to a proclaimed person. It should therefore be read with Section 84 BNSS, which deals with proclamation for a person absconding, and the connected provisions governing attachment.
5. Procedure under Chapter VIII
The request for assistance must be pursued in accordance with Chapter VIII of the BNSS. Chapter VIII contains provisions concerning reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property in cases involving a contracting State.
What Is a Contracting State?
In the context of Chapter VIII, a contracting State refers to a country or place outside India in respect of which arrangements for assistance are applicable under the BNSS framework. Section 86 uses this mechanism so that Indian Courts can seek lawful assistance abroad for property linked to a proclaimed person.
Key Points
- Section 86 concerns property belonging to a proclaimed person.
- The initiating police request must be in writing.
- The police officer must not be below the rank of Superintendent of Police or Commissioner of Police.
- The Court may initiate a request for assistance from a Court or authority in a contracting State.
- The request may concern identification, attachment and forfeiture of property.
- The procedure in Chapter VIII of the BNSS governs the international assistance process.
- The provision should be read with Sections 84 and 85 dealing with proclamation and attachment of property.
Why Section 86 Is Important
A proclaimed person may hold assets outside India or may attempt to move assets beyond the immediate reach of Indian process. Section 86 creates an express statutory route for the Court to seek assistance in a contracting State, subject to the safeguards and procedure laid down in Chapter VIII.
Frequently Asked Questions
What does Section 86 BNSS provide?
It permits the Court, on a qualifying written request from a senior police officer, to initiate a request for assistance from a Court or authority in a contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person.
Who can make the written request under Section 86?
A police officer not below the rank of Superintendent of Police or Commissioner of Police.
Does Section 86 itself complete the attachment or forfeiture?
No. Section 86 authorises initiation of the process for seeking assistance. The further procedure is governed by Chapter VIII of the BNSS and the applicable arrangements with the contracting State.
What property is covered by Section 86?
The section applies to property belonging to a proclaimed person where assistance is sought from a Court or authority in a contracting State for identification, attachment or forfeiture.
Official Legal Sources
For the authoritative Act text and current official information, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.