Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 87
Claims and objections to attachment
In one line
BNSS Section 87 deals with claims and objections to attachment and replaces CrPC 84.
Bare act text — BNSS 87
87. Claims and objections to attachment.
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.
(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
Frequently asked
What was BNSS Section 87 in the CrPC?
BNSS Section 87 (Claims and objections to attachment) replaces Section 84 of the Code of Criminal Procedure, 1973. CrPC 84 is now BNSS 87.
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Nearby BNSS sections
- BNSS 82 — Procedure on arrest of person against whom warrant issued
- BNSS 83 — Procedure by Magistrate before whom such person arrested is brought
- BNSS 84 — Proclamation for person absconding
- BNSS 85 — Attachment of property of person absconding
- BNSS 86 — Identification and attachment of property of proclaimed person
- BNSS 88 — Release, sale and restoration of attached property
- BNSS 89 — Appeal from order rejecting application for restoration of attached property
- BNSS 90 — Issue of warrant in lieu of, or in addition to, summons
- BNSS 91 — Power to take bond or bail bond for appearance
- BNSS 92 — Arrest on breach of bond or bail bond for appearance
