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BNSS, 2023
Start Practicing
BNSSChapter VISection 86
Section86

Identification and attachment of property of proclaimed person

AI Assist

Summary

The Court can, on a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police, ask a court or authority in a contracting State to identify, attach and forfeit property belonging to a proclaimed person. The action must follow the procedure laid down in Chapter VIII.

Example

Ravi is proclaimed and suspected of fraud; he owns a flat abroad. The Superintendent of Police sends a written request to the Court, which then asks the contracting State’s authority to identify and attach Ravi’s flat so it can be forfeited under Chapter VIII.

Bare Act

Enacted text

The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.

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VI

Chapter VI

Processes to Compel Appearance

In this chapter

  • 63Form of summons
  • 64Summons how served
  • 65Service of summons on corporate bodies, firms, and societies
  • 66Service when persons summoned cannot be found
  • 67Procedure when service cannot be effected as before provided
  • 68Service on Government servant
  • 69Service of Summons outside local limits
  • 70Proof of service in such cases and when serving officer not present
  • 71Service of summons on witness
  • 72Form of warrant of arrest and duration
  • 73Power to direct security to be taken
  • 74Warrants to whom directed
  • 75Warrant may be directed to any person
  • 76Warrant directed to police officer
  • 77Notification of substance of warrant
  • 78Person arrested to be brought before Court without delay
  • 79Where warrant may be executed
  • 80Warrant forwarded for execution outside jurisdiction
  • 81Warrant directed to police officer for execution outside jurisdiction
  • 82Procedure on arrest of person against whom warrant issued
  • 83Procedure by Magistrate before whom such person arrested is brought
  • 84Proclamation for person absconding
  • 85Attachment of property of person absconding
  • 86Identification and attachment of property of proclaimed person
  • 87Claims and objections to attachment
  • 88Release, sale and restoration of attached property
  • 89Appeal from order rejecting application for restoration of attached property
  • 90Issue of warrant in lieu of, or in addition to, summons
  • 91Power to take bond or bail bond for appearance
  • 92Arrest on breach of bond or bail bond for appearance
  • 93Provisions of this Chapter generally applicable to summons and warrants of arrest
Previous · Section 85Attachment of property of person abscondingNext · Section 87Claims and objections to attachment