Chapter VI
Section 84 CrPC: Claims and objections to attachment
New Law Update (2024)
Section 96 BNSS
TRIAL COURT
Court by which attachment order is issued, Chief Judicial Magistrate or subordinate Magistrate (for initial inquiry); Civil Court (for subsequent suit)
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under Section 83, 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 83, 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 83, 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.
Important Sub-Sections Explained
Section 84(1)
This sub-section outlines who can object to property attachment, specifying that any person, other than the proclaimed offender, claiming an interest in the attached property not liable for attachment, can file a claim within six months. The court will then inquire into this claim.
Section 84(4)
If a claim or objection is disallowed by the court, this sub-section provides the right to the aggrieved person to file a civil suit within one year from the order date to establish their claimed right over the disputed property.
Landmark Judgements
Dhanwanti v. State of Rajasthan (1993):
This judgment clarified that the inquiry under Section 84 CrPC is of a summary nature, meant to quickly ascertain the prima facie validity of a claim or objection to attached property, without delving into complex title disputes.
Kuldip Singh v. State of Punjab (2004):
The High Court held that the order passed under Section 84(1) is not final and conclusive with respect to the rights of the parties, as it is expressly made subject to the result of a civil suit that may be instituted under Section 84(4) within the prescribed period.