Section 85 of BNSS : Section 85: Attachment of property of person absconding.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, is accused of embezzling funds from his company. After the court issues a summons, Rajesh absconds and cannot be located.

Application of Section 85:

1. Proclamation Issued: The court issues a proclamation under Section 84, declaring Rajesh as a proclaimed offender.
2. Attachment of Property: The court, suspecting that Rajesh might dispose of his assets, orders the attachment of his properties, including his house and car.
3. Execution of Attachment:
   • Movable Property: The court orders the seizure of Rajesh's car and appoints a receiver to manage his bank accounts.
   • Immovable Property: The court takes possession of Rajesh's house and issues an order prohibiting the payment of rent to Rajesh or anyone on his behalf.
4. Perishable Property: Rajesh also owns a dairy farm. The court orders the immediate sale of the livestock to prevent loss due to perishability, and the proceeds are held by the court.

Example 2:

Scenario: Priya, a real estate developer, is involved in a land fraud case. She is summoned to court but flees the jurisdiction to avoid arrest.

Application of Section 85:

1. Proclamation Issued: The court issues a proclamation under Section 84, declaring Priya as a proclaimed offender.
2. Attachment of Property: The court, based on affidavits, believes Priya is trying to sell her properties and orders the attachment of her assets.
3. Execution of Attachment:
   • Movable Property: The court orders the seizure of Priya's luxury car and appoints a receiver to manage her shares in various companies.
   • Immovable Property: The court takes possession of Priya's commercial buildings and issues an order prohibiting the payment of rent to Priya or anyone on her behalf.
4. Property Outside District: Priya owns a farmhouse in another district. The court's attachment order is endorsed by the District Magistrate of that district, enabling the attachment of the farmhouse.
5. Perishable Property: Priya has a stock of perishable goods in her warehouse. The court orders their immediate sale, and the proceeds are held by the court.

Example 3:

Scenario: Anil, a software engineer, is accused of cyber fraud. He is summoned to court but absconds and is believed to be hiding in another state.

Application of Section 85:

1. Proclamation Issued: The court issues a proclamation under Section 84, declaring Anil as a proclaimed offender.
2. Attachment of Property: The court, based on credible information, believes Anil is planning to transfer his assets and orders the attachment of his properties.
3. Execution of Attachment:
   • Movable Property: The court orders the seizure of Anil's laptop and other electronic devices, and appoints a receiver to manage his cryptocurrency accounts.
   • Immovable Property: The court takes possession of Anil's apartment and issues an order prohibiting the payment of rent to Anil or anyone on his behalf.
4. Property Outside District: Anil owns a plot of land in another state. The court's attachment order is endorsed by the District Magistrate of that state, enabling the attachment of the plot.
5. Perishable Property: Anil has a collection of rare plants that are perishable. The court orders their immediate sale, and the proceeds are held by the court.