Section 83 of CrPC : Section 83: Attachment Of Property Of Person Absconding

Explanation using Example

Imagine a scenario where an individual, Mr. X, is accused of a financial fraud and is required to appear before the court. Despite multiple summons, Mr. X fails to appear. Consequently, the court issues a proclamation under section 82 of The Code of Criminal Procedure, 1973, declaring him a proclaimed offender.

Soon after, the court receives information that Mr. X is planning to sell his apartment and move the proceeds out of the court's jurisdiction. To prevent this, the court, under Section 83(1), records the reasons and orders the attachment of Mr. X's apartment to ensure that the property cannot be disposed of, pending the court proceedings.

The court's order specifies that the apartment, which is within the court's district, is now attached. Additionally, if Mr. X owns any property outside the district, the order would need to be endorsed by the District Magistrate of the area where that property is located, as per Section 83(2).

Furthermore, if Mr. X has any debts owed to him or movable property like a car or stocks, the court may use methods such as seizure or appointing a receiver to ensure these assets remain secured as per Section 83(3).

In the case of any livestock owned by Mr. X, or if he has perishable goods like harvested crops, the court may order their immediate sale to prevent loss or depreciation, safeguarding the proceeds for future court directives as mentioned in Section 83(5).