Section 86 of BNSS : Section 86: Identification and attachment of property of proclaimed person.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, is accused of embezzling funds from his company and has been evading arrest for several months. The police have been unable to locate him, and he has been declared a proclaimed offender by the court.

Application of the Act:

1. The Superintendent of Police submits a written request to the court to initiate the process of identifying and attaching Rajesh's properties.
2. The court, upon receiving the request, issues an order to identify and attach Rajesh's properties, including his house, bank accounts, and any other assets.
3. The police, with the court's order, begin the process of identifying all properties owned by Rajesh.
4. Once identified, the properties are attached, meaning Rajesh cannot sell or transfer them.
5. If Rajesh continues to evade arrest, the court may also order the forfeiture of his properties, meaning the government can take ownership of them.

Example 2:

Scenario: Priya, a resident of Mumbai, is involved in a large-scale fraud case and has fled to a foreign country. She has been declared a proclaimed offender by the Indian court.

Application of the Act:

1. The Commissioner of Police in Mumbai submits a written request to the court to initiate the process of identifying and attaching Priya's properties.
2. The court, upon receiving the request, issues an order to identify and attach Priya's properties in India.
3. The police identify Priya's properties in Mumbai, including her apartment and investments.
4. The court also requests assistance from the relevant authority in the foreign country where Priya is hiding, to identify and attach any properties she may own there.
5. The foreign authority, in cooperation with the Indian court, identifies and attaches Priya's properties in the foreign country.
6. If Priya does not return to face the charges, the court may order the forfeiture of her properties both in India and abroad.