Introduction 

• Part C of Chapter VI of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for Proclamation and Attachment. 
• Section 84 to Section 89 of BNSS provides for proclamation and attachment. 
• Earlier it was contained in Section 82 to Section 86 of CrPC. 

What is the Provision Related to Proclamation for Person Absconding? 

• Section 84 of the BNSS provides for proclamation for person absconding. This was earlier present in Section 82 of Criminal Procedure Code, 1973 (CrPC). 
• Section 84 (1) of BNSS provides that: 
  • If a court has reason to believe that a person against whom a warrant has been issued is absconding or hiding to avoid execution of the warrant, it may issue a formal public proclamation. 
  • This proclamation will require the individual to appear at a specified place and time, which must be at least thirty days from the date of its publication. 
• Section 84 (2) of BNSS provides for the manner in which procedure of publication of proclamation. The proclamation must be made public in the following ways: 
  • It should be read out loud in a noticeable place in the town or village where the person usually lives. 
  • It should be posted at a visible spot on the person's house or in a well-known place in the town or village. 
  • A copy should also be displayed in a visible area of the courthouse. 
  • Additionally, the court may order that the proclamation be published in a local daily newspaper, if it considers it necessary. 
• Section 84 (3) of BNSS provides that a written statement by the court saying that the proclamation was properly published on a certain date, as required, will be accepted as final proof that all the legal steps were followed, and that the proclamation was published on that date. 
• Section 84 (4) of BNSS provides that if the proclamation is for someone accused of a serious offence punishable with ten years or more in prison, life imprisonment, or death, and that person does not appear at the time and place mentioned, the court can, after proper inquiry, declare them a "proclaimed offender." 
  • It is to be noted that earlier in CrPC that if the proclamation is for someone accused of a crime listed under specific serious sections of the Indian Penal Code, 1860 (IPC) and that person does not show up at the time and place mentioned, the court can, after proper inquiry, declare them a proclaimed offender. 
• Section 84 (5) of BNSS provides that the provisions of sub section (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1). 

What is the Provision Related to Attachment of Property of Person Absconding? 

• Section 85 of BNSS provides for attachment of property of person absconding. 
• Section 85 (1) of BNSS provides: 
  • If a court issues a proclamation (under section 84) declaring someone as a proclaimed offender, it can also order the attachment (seizure) of that person's property — movable (like vehicles, jewelry) or immovable (like land, buildings) — at any time after the proclamation, but the court must explain its reasons in writing. 
  • However, if the court has reason to believe (even before issuing the proclamation) that the person is: 
    • Trying to sell or get rid of their property, or 
    • Trying to move their property out of the court’s area, 
  • Then the court can order the property to be attached at the same time as issuing the proclamation. 
• Section 85 (2) of BNSS provides: 
  • The court’s order to attach (seize) property will apply to any property the person owns within the district where the order is made. 
  • If the person owns property outside that district, the attachment will only be valid if the District Magistrate of that other district approves (endorses) it. 
• Sections 85 (3) and 85(4) of BNSS provides: 
  • The Court can attach the movable property in any of the ways: 
    • By physically taking it (seizure). 
    • By appointing someone (a receiver) to manage or control it. 
    • By issuing a written order stopping anyone from giving it to the proclaimed person or someone acting for them. 
    • Or using any two or all of these methods, as the court decides. 
  • The Court can attach the immovable property in the following ways: 
    • If it's land that pays tax to the State Government, the Collector of that area will handle the attachment. 
    • For all other immovable property, the court can: 
      • Take possession of it. 
      • Appoint a receiver. 
      • Issue a written order stopping rent payments or delivery of the property to the proclaimed person or their agent. 
      • Or use any two or all of these methods, as the court thinks suitable. 
• Sections 85 (5) and 85 (6) of BNSS provides: 
  • If the property is live-stock or perishable, the court can order it to be sold immediately. The money from the sale will be kept safe until the court decides what to do with it. 
  • A receiver appointed by the court will have the same powers and responsibilities as one appointed under the Civil Procedure Code, 1908.

What are the Rest of the Provisions Related to Proclamation and Attachment? 

• Section 86 provides that a court can, on a written request from a senior police officer (Superintendent or Commissioner), ask a foreign court (in a contracting country) to help identify, attach, or forfeit property of a proclaimed person, following procedures in Chapter VIII. 
• Section 87 provides: 
  • If someone other than the proclaimed person claims ownership or objects to the attachment within 6 months, the court will investigate and may accept or reject the claim (fully or partially). 
    • If the claimant dies, their legal representative can continue the claim. 
  • The claim/objection can be filed in the court that issued the attachment or in the Chief Judicial Magistrate’s Court if the property was attached in another district. 
  • The court where the claim is made will conduct an inquiry. 
    • The Chief Judicial Magistrate can assign it to a subordinate magistrate. 
  • If the claim is rejected, the person can file a civil suit within 1 year to prove their right to the property. Until the result of that suit, the court's order is final. 
• Section 88 provides: 
  • If the proclaimed person appears within the time given in the proclamation, the court will release the attached property. 
  • If the person does not appear, the property will go to the State Government — but it cannot be sold for 6 months and until any claims (under Section 87) are resolved, 
    • Unless it is perishable, or the court thinks selling it is better for the owner. 
  • If the person appears within 2 years of attachment (voluntarily or by arrest) and proves they didn't avoid the warrant or proclamation knowingly, 
    • the court will return their property or sale proceeds (after deducting costs). 
  • Section 89 provides If a person (as in Section 88(3)) is denied return of property or sale proceeds, they can appeal to the higher court that handles appeals from the original court.

Conclusion

The provisions under Sections 84 to 89 of BNSS, 2023 ensure a structured legal process for dealing with absconding persons through proclamation and attachment of property, while safeguarding the rights of affected parties.