Section 88 of BNSS : Section 88: Release, sale and restoration of attached property.
BNSS
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Explanation using Example
Example 1:
Rajesh, a businessman in Mumbai, is accused of financial fraud and a warrant is issued for his arrest. The court issues a proclamation giving Rajesh 30 days to appear before the court. Rajesh, fearing arrest, goes into hiding. The court then orders the attachment of his property, including his house and bank accounts.
Scenario 1: Rajesh appears before the court within the 30-day period specified in the proclamation. The court, upon his appearance, orders the release of his attached property. Rajesh gets back his house and access to his bank accounts.
Scenario 2: Rajesh does not appear within the 30-day period. After six months, the State Government decides to sell his property. However, before the sale, a third party, Suresh, files a claim under Section 87, stating that he has a legal right to a portion of Rajesh's property. The court reviews Suresh's claim and resolves it before proceeding with the sale.
Scenario 3: Rajesh is apprehended by the police 18 months after the attachment of his property. He is brought before the court and proves that h...
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