Attachment of property of person absconding.
85. (1) The Court issuing a proclamation under section 84 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 of property 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.
Read also Section 115 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS