When must attached property be released under Section 88 BNSS?

If the proclaimed person appears within the time specified in the proclamation, the Court must order release of the property from attachment.

When can attached property be sold under Section 88 BNSS?

Ordinarily, the property cannot be sold until six months have expired from the date of attachment and claims or objections under Section 87 have been disposed of. Earlier sale is permitted for property subject to speedy and natural decay or where the Court considers sale beneficial to the owner.

Can attached property be restored after the proclaimed person appears later?

Yes. Within two years from the date of attachment, the person may obtain restoration, or the net sale proceeds where applicable, if the statutory conditions in Section 88(3) are proved to the Court.

Home > BNSS 2023 > Section 88

Section 88 BNSS: Release, Sale and Restoration of Attached Property

Section 88 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs what happens to property attached in proceedings against a proclaimed person. It provides for release when the person appears within the proclamation period, regulates when attached property may be sold, and creates a two-year opportunity for restoration where the statutory conditions are proved.

Law Bharatiya Nagarik Suraksha Sanhita, 2023

Provision Section 88

In force from 1 July 2024

Section 88 BNSS - Bare Act Text

88. Release, sale and restoration of attached property.

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

Meaning and Scope of Section 88 BNSS

Section 88 forms part of the statutory scheme governing proclamation and attachment of property. It should be read with Section 84 BNSS, Section 85 BNSS, and Section 87 BNSS.

1. Release when the proclaimed person appears in time

If the proclaimed person appears within the time fixed in the proclamation, Section 88(1) requires the Court to order release of the property from attachment. The language is mandatory: the Court shall make the release order.

2. Property at the disposal of the State Government

If the proclaimed person does not appear within the time specified in the proclamation, the attached property becomes subject to the disposal framework of the State Government under Section 88(2).

3. Six-month restriction on sale

As a general rule, the attached property cannot be sold until six months have expired from the date of attachment. In addition, any claim or objection made under Section 87 must have been disposed of before the sale takes place.

4. Exceptions permitting earlier sale

The Court may order sale before the ordinary waiting requirements are completed where the property is subject to speedy and natural decay or where the Court considers that sale would be for the benefit of the owner.

5. Restoration within two years

Section 88(3) provides an important restoration remedy. Within two years from the date of attachment, a person whose property is or has been at the disposal of the State Government may appear voluntarily or be apprehended and brought before the competent Court and seek restoration by satisfying the statutory conditions.

6. Conditions for restoration

The person must prove to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he did not have sufficient notice of the proclamation to enable him to attend within the time specified.

7. What is returned when restoration is allowed?

If the statutory requirements are satisfied, the property must be delivered back. If it has already been sold, the net sale proceeds are deliverable. If only part has been sold, the net proceeds of that part and the remaining property are deliverable after deduction of costs incurred because of the attachment.

Key Points

Appearance within the proclamation period requires release of the attachment.
Failure to appear places the attached property at the disposal of the State Government.
Ordinary sale is barred until six months have expired from the date of attachment.
Claims and objections under Section 87 must also be disposed of before ordinary sale.
Perishable property may be sold earlier.
The Court may also permit earlier sale when it considers sale beneficial to the owner.
A restoration application may be pursued within two years from the date of attachment.
Restoration depends on proof of the conditions specified in Section 88(3).
Property, net sale proceeds, or a combination of proceeds and unsold property may be returned after attachment costs are satisfied.

Related provision: Section 89 BNSS provides an appeal where a person covered by Section 88(3) is aggrieved by refusal to deliver the property or the proceeds of its sale.

Frequently Asked Questions

When must the Court release attached property under Section 88?

The Court must order release if the proclaimed person appears within the time specified in the proclamation.

Can attached property be sold immediately?

Ordinarily, no. Sale must wait until six months from the attachment and until claims or objections under Section 87 are disposed of. Earlier sale is permitted for property subject to speedy and natural decay or where the Court considers sale beneficial to the owner.

What is the time limit for seeking restoration?

The person must come within the framework of Section 88(3) within two years from the date of attachment.

What happens if the property has already been sold?

If restoration is allowed, the net sale proceeds may be delivered to the person after satisfying costs incurred because of the attachment. Where only part was sold, the net proceeds and the remaining property may be delivered.

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.