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 cour...

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