Chapter VI
Section 83 CrPC: Attachment of property of person absconding
New Law Update (2024)
Section 107 BNSS
TRIAL COURT
Punishment
Procedural – Search & Seizure
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,
it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made—
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases—
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).
Important Sub-Sections Explained
Section 83(1)
This sub-section grants the court the power to order the attachment of property belonging to a person against whom a proclamation under Section 82 CrPC has been issued. Crucially, it includes a proviso allowing for immediate, simultaneous attachment if the court is satisfied that the proclaimed person is about to dispose of or remove their property to avoid justice.
Section 83(4)
This sub-section details the specific methods for attaching immovable property. It specifies that land paying revenue to the State Government is attached through the Collector, while other immovable properties can be attached by taking possession, appointing a receiver, or issuing a written order prohibiting rent payment or property delivery.
Landmark Judgements
State of U.P. v. Moti Ram (1993):
The Supreme Court clarified that attachment of property under Section 83 CrPC can be ordered even if the exact whereabouts of the proclaimed person are unknown, provided the prerequisites of issuing a proclamation under Section 82 CrPC are duly met.
Prem Lata Agarwal v. State of U.P. (2009):
The Supreme Court underscored the necessity of strict adherence to the procedural requirements of proclamation and attachment. It held that attachment cannot be ordered without a legally valid proclamation against the absconding person.
Draft Format / Application
IN THE COURT OF THE [Designation of Magistrate/Judge, e.g., Chief Judicial Magistrate]
AT [City/District]
Criminal Miscellaneous Application No. _______ of 20_______
IN THE MATTER OF:
State/Complainant
Versus
[Name of Proclaimed Person/Accused], Son/Daughter of [Father’s Name], Resident of [Address]
… Proclaimed Person/Accused
APPLICATION UNDER SECTION 83(1) PROVISO OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR SIMULTANEOUS ATTACHMENT OF PROPERTY
MOST RESPECTFULLY SHOWETH:
1. That the Hon’ble Court has, vide order dated [Date], issued a proclamation under Section 82 of the Code of Criminal Procedure, 1973, against the abovenamed proclaimed person/accused, [Name of Proclaimed Person], in connection with [Case/FIR No., Police Station, Sections of Law].
2. That the said proclamation requires the proclaimed person/accused to appear before this Hon’ble Court on [Date of appearance in proclamation].
3. That the applicant is credibly informed and verily believes that the proclaimed person/accused, [Name of Proclaimed Person], is about to dispose of the whole or a part of his/her property, or is about to remove the whole or a part of his/her property from the local jurisdiction of this Hon’ble Court, with the intention of frustrating the execution of any order that may be passed by this Hon’ble Court.
4. That in support of the above apprehension, the applicant annexes herewith an affidavit/documentary evidence demonstrating the imminent risk of disposal or removal of property by the proclaimed person/accused. [Briefly mention evidence, e.g., “A copy of the sale advertisement issued by the proclaimed person is annexed as Annexure A”, or “The affidavit of [Witness Name] attesting to the intended removal of assets is annexed as Annexure B”].
5. That the properties belonging to the proclaimed person/accused, which are sought to be attached, are detailed in the schedule appended hereto.
6. That it is expedient in the interest of justice that an order for simultaneous attachment of the said properties be passed along with the issue of the proclamation under Section 82 CrPC, to prevent the proclaimed person/accused from evading justice.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Order the simultaneous attachment of the properties belonging to the proclaimed person/accused, [Name of Proclaimed Person], as described in the Schedule of Property annexed hereto, along with the issue of the proclamation under Section 82 CrPC.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT, AS IN DUTY BOUND, SHALL EVER PRAY.
Dated: [Date]
Place: [City]
[Signature of Applicant/Counsel for Applicant]
[Name of Applicant/Counsel]
[Designation/Address]
SCHEDULE OF PROPERTY
1. [Description of Movable/Immovable Property, e.g., “House No. 123, ABC Colony, [City], Admeasuring [Area], bounded by North: …, South: …, East: …, West: …”]
2. [Bank Account No. XXXXX, Bank Name, Branch]
3. [Vehicle Registration No. YYYY, Model, Make]
[Add more as necessary]
AFFIDAVIT (if required)
I, [Name], son/daughter of [Father’s Name], aged about [Age] years, residing at [Address], do hereby solemnly affirm and declare as under:
1. That I am the applicant/duly authorised representative of the applicant in the present case and am well conversant with the facts and circumstances thereof.
2. That the contents of the accompanying application under Section 83(1) proviso of CrPC are true and correct to the best of my knowledge and belief.
3. That I have not suppressed any material fact from this Hon’ble Court.
Deponent
Verification:
Verified at [Place] on this [Day] day of [Month], [Year] that the contents of the above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Deponent