Section 87 of BNSS : Section 87: Claims and objections to attachment.
BNSS
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Explanation using Example
Example 1:
Scenario: Ramesh's Property Attachment
Ramesh is a businessman who has been proclaimed as an offender under Section 85 of the Bharatiya Nagarik Suraksha Sanhita 2023. As a result, his property, including a piece of land, is attached by the court. However, Suresh, Ramesh's brother, claims that the piece of land actually belongs to him and not to Ramesh.
Application of Section 87:
- Claim Submission: Suresh files a claim within six months from the date of attachment, stating that he has an interest in the land and that it should not be attached.
- Inquiry: The court inquires into Suresh's claim to determine its validity.
- Decision: The court finds that Suresh indeed has a legitimate interest in the land and allows the claim, thereby releasing the land from attachment.
Example 2:
Scenario: Objection by Legal Representative
Anita's house is attached under Section 85 because her husband, Rajesh, is a proclaimed offender. Anita objects to the attachment, claiming that the house is her property and not Rajesh's. Unfortunately, Anita passes away during the legal proceedings.
Application of Section 87:
- Objection Submission: Anita had filed an objection within six months from the date of attachment, asserting her interest in the house.
- **Legal Representative Continuati...
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