सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 85

Attachment of property of person absconding

Why this exists

This provision exists to give courts a practical tool to compel a fugitive accused to return and face trial. Simply declaring someone an absconder or 'proclaimed offender' often has little effect if the person can safely disappear while their assets remain untouched or are quietly sold off. By allowing attachment of property — sometimes even before the formal proclamation period runs out, if there's a real risk of the person hiding or moving assets — the law creates financial pressure that can bring the person back or make hiding costly. This mirrors long-standing criminal procedure design (carried over from the earlier Code of Criminal Procedure) balancing the state's interest in securing a trial against protecting property from arbitrary seizure through safeguards like written reasons and district-based limits.

How courts read it

Courts have generally treated this power as coercive rather than punitive — its purpose is to secure the person's appearance, not to punish them by confiscating their belongings outright. As a result, attachment orders are usually read as provisional: if the absconder appears and satisfies the court, the property is ordinarily released back, subject to the court's directions. Courts have also emphasised that the safeguards — recording reasons in writing, and requiring endorsement by a District Magistrate for property outside the court's own district — must be followed, since attachment affects property rights before any conviction. Because this is a fairly technical, procedure-heavy section, litigated disputes tend to focus on whether the proper method of attachment was used (seizure vs. receiver vs. prohibitory order) and whether jurisdictional formalities for out-of-district property were respected.

Common misconceptions
  • Myth: Attaching someone's property under this section means the government permanently takes it away.
    Fact: Attachment is usually meant to pressure the person into appearing in court; if they show up and satisfy the court, the property is typically released, not confiscated forever.
  • Myth: A court can freeze property anywhere in the country the moment it issues a proclamation.
    Fact: The order automatically covers only property within the same district; attaching property in another district needs that district's Magistrate to endorse the order.
  • Myth: The court must wait until the full proclamation process is over before touching any property.
    Fact: If there's credible evidence the person is about to sell or move the property away, the court can order attachment right at the same time as issuing the proclamation.