Introduction
Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives courts a practical way to deal with a person who deliberately runs away or hides to avoid the law. If a court has already issued a proclamation against such a person under Section 84 BNSS, it can order the attachment (temporary taking control) of that person’s movable or immovable property. The goal is simple: a person should not be able to escape justice just by staying out of reach. At the same time, because attachment affects property rights, the court must follow the rules carefully and record its reasons in writing.
Link with Proclamation under Section 84 BNSS
Section 85 BNSS cannot be used on its own. It works only after a proclamation has been issued under Section 84 BNSS. Once the court has declared a person a proclaimed person under Section 84 BNSS, it may order attachment of that person’s property under Section 85. In certain specified offences, the person may also be declared a proclaimed offender.
The normal sequence is:
- Absconding
- Proclamation under Section 84 BNSS
- Attachment under Section 85 BNSS
- Claims and objections under Section 87 BNSS
This step-by-step process ensures the court does not seize property arbitrarily.
What Property Can Be Attached?
The court can attach:
- Movable property (cash, vehicles, goods, etc.)
- Immovable property (land, buildings, etc.)
- Or both
The property must belong to the proclaimed person. Attachment is not automatic. The court must use its judgment and record reasons before ordering it.
Immediate Attachment in Special Cases
Normally, attachment comes after the proclamation. But if the court believes the person is about to sell, transfer, or move the property out of the area, it can order attachment at the same time as the proclamation. This decision can be based on an affidavit or other evidence. This prevents the person from quickly disposing of assets to defeat the court’s order.
Property Located Outside the District
If the property is within the same district, the court’s order is enough. If the property is in another district, the order must be endorsed by the District Magistrate of that other district before attachment can take place.
How Movable Property Is Attached
For debts or other movable property, the court can:
- Seize the property
- Appoint a receiver to manage it
- Issue a written order stopping anyone from delivering the property to the proclaimed person or anyone acting for him
- Use any combination of these methods
The court chooses the method that best suits the situation.
How Immovable Property Is Attached
If the property is land that pays revenue to the State Government, attachment is done through the Collector of the district where the land is located.
In other cases, the court may:
- Take possession
- Appoint a receiver
- Issue a written order stopping payment of rent or delivery of the property to the proclaimed person
- Use any combination of these methods
Livestock and Perishable Property
If the attached property is livestock or something that can spoil or lose value quickly, the court can order its immediate sale. The money from the sale stays under the court’s control and is dealt with later according to the court’s further orders. This prevents unnecessary loss of value.
Role of the Receiver
When a receiver is appointed, his powers, duties, and liabilities are the same as those of a receiver appointed under the Code of Civil Procedure, 1908. This provides a clear and established framework for managing the property.
Attachment Is Not Final Forfeiture
Attachment under Section 85 BNSS is primarily a protective measure intended to preserve property pending further proceedings. It does not mean the property is permanently taken by the State. Separate rules under Section 87 BNSS allow claims and objections to be filed against the attachment.
Protection of Third-Party Rights
Attachment can sometimes affect family members, co-owners, creditors, or others who have a genuine interest in the property. Section 87 allows any such person (other than the proclaimed person) to file a claim or objection within the prescribed time. This protects the rights of innocent third parties.
Property Located Abroad (Section 86)
Section 85 works together with Section 86. If the proclaimed person’s property is in a foreign country that has an agreement with India (a contracting State), a police officer of the rank of Superintendent of Police or Commissioner of Police (or above) can request the court to seek help from the foreign authorities for identification, attachment, and possible forfeiture of that property.
Safeguards Built into the Law
The power under Section 85 is strong, but it comes with important checks:
- The court must record reasons in writing
- Immediate attachment requires clear grounds that the person is about to dispose of or remove the property
- Different procedures apply to different types of property
- Third parties can raise claims and objections
Attachment is not a punishment for absconding. It is a practical tool to keep the judicial process effective.
Who Pays the Property Tax, Electricity Bills, and Maintenance Charges of an Attached Property under Section 85 BNSS?
Attachment of property under Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023, does not result in the transfer of ownership to the State. The property continues to vest in the proclaimed person, subject to the rights of any third party who may successfully establish a lawful interest under Section 87 BNSS. Consequently, the primary liability for property tax, electricity charges, municipal dues, maintenance expenses, and other statutory obligations ordinarily remains with the owner of the property.
Where the Court appoints a Receiver to manage the attached property, the Receiver may, under the supervision and directions of the Court, utilise the income, rent, profits, or other proceeds generated from the property to meet such recurring liabilities and preserve the property from deterioration or legal encumbrances. The Receiver, however, acts merely as a custodian and administrator of the property and does not assume personal liability for these charges.
Accordingly, the mere fact of attachment does not shift the financial responsibility to the Government or investigating agency. Unless otherwise directed by the Court, taxes, utility charges, maintenance costs, and other obligations continue to be borne by the owner, while any Receiver appointed by the Court may discharge such liabilities from the property’s income solely for its proper management and preservation.
Consequences Where the Attached Property Ultimately Vests in the Government
Where an attachment under Section 85 BNSS culminates in the permanent vesting of the property in the State pursuant to a final order of confiscation or forfeiture, ownership of the property passes from the proclaimed person to the Government. In such circumstances, the former owner is no longer liable for future property taxes, electricity charges, maintenance expenses, or other recurring obligations relating to the property. These liabilities thereafter fall upon the authority or Government agency that assumes ownership or management of the property.
Nevertheless, dues and liabilities that accrued prior to such vesting do not ordinarily disappear merely because the property has been confiscated. Unless otherwise directed by law or by a competent court, outstanding taxes, utility charges, and similar obligations incurred before the transfer of ownership may continue to be recoverable from the property or the person who was liable at the time they arose. Thus, the liability generally shifts to the State only from the date on which ownership legally vests in the Government, not retrospectively.
What Types of Property Cannot Be Attached Under Section 85 BNSS?
Section 85 BNSS authorises the attachment only of property that legally belongs to, or is under the control of, the proclaimed person. Property genuinely belonging to an innocent third party, such as a spouse, child, relative, business partner, tenant, mortgagee, or bona fide purchaser is ordinarily not liable to continue under attachment once such person successfully establishes his or her independent rights before the competent court. Such persons are entitled to raise claims and objections under Section 87 BNSS, and the Court must inquire into their rights before confirming the attachment.
Further, property in which the proclaimed person has no transferable or proprietary interest is generally not liable to attachment. For example, property held by another person in an independent capacity, trust property exclusively benefiting third parties, or assets over which the proclaimed person exercises no legal ownership or control cannot ordinarily be subjected to attachment. Attachment proceedings are directed against the absconding person’s interest in the property and not against the rights of innocent owners.
By analogy with the principles contained in Section 60 of the Code of Civil Procedure, 1908, courts are also cautious in dealing with assets necessary for basic subsistence and livelihood. Although Section 85 BNSS does not expressly incorporate all CPC exemptions, courts generally avoid interpretations that would unjustly deprive innocent family members or third parties of their lawful rights. Therefore, attachment cannot be used as a punitive measure against persons who are not accused and whose proprietary interests are independent of the proclaimed person.
What Happens if the Absconding Person Surrenders Before the Court or Police?
If the proclaimed person voluntarily surrenders before the Court or is arrested and produced before the Court after the issuance of a proclamation and attachment order under Sections 84 and 85 BNSS, the very purpose of the attachment proceedings is substantially achieved. In such circumstances, the person may apply to the Court for recalling the proclamation, releasing the attached property, or modifying the attachment order. The Court will examine whether the surrender is genuine, whether the person had sufficient cause for non-appearance, and whether continuation of the attachment remains necessary.
Mere surrender, however, does not automatically result in the release of the attached property. The attachment order continues to remain operative until it is expressly withdrawn, cancelled, or modified by the competent Court. The Court may require the accused to participate in the proceedings, furnish bail or bonds where appropriate, and satisfy the Court that there is no longer any risk of absconding. Where the property has been placed under the management of a Receiver, such management ordinarily continues until specific judicial directions are issued.
If the Court is satisfied that the accused has appeared and is willing to submit to its jurisdiction, it may order restoration of the attached property to the person entitled thereto, subject to any pending claims, objections, or legal encumbrances. Thus, surrender generally strengthens the case for revocation of attachment, but the release of property is a matter of judicial discretion and requires a specific order of the Court rather than flowing automatically from the act of surrender itself.
What Happens if No Claim Is Filed Against the Attachment?
If no claim or objection is made within the period prescribed under Section 87 BNSS and the proclaimed person fails to appear within the statutory period, the attached property may become subject to sale, disposal, forfeiture, or such other orders as may be permitted under the BNSS and applicable law. The purpose of the provision is to ensure that attachment remains effective and does not continue indefinitely without resolution. However, any subsequent action affecting ownership must still comply with the requirements of due process and the specific provisions governing disposal of attached property.
Case Laws
Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which replaced Section 83 of the Code of Criminal Procedure, 1973 on 1 July 2024—operates under well-settled judicial principles holding that property attachment is an extraordinary coercive measure rather than a routine procedure. Statutory compliance requires that a valid proclamation under Section 84 BNSS precede attachment, that the court record explicit written reasons showing due application of mind, and that simultaneous proclamation and attachment be ordered only upon credible evidence showing the accused is about to dispose of or remove property from the court’s jurisdiction.
As established by the Supreme Court in State of U.P. v. Moti Ram and Prem Lata Agarwal v. State of U.P., attachment proceedings are legally unsustainable without a valid prior proclamation, while recent rulings from the Patna High Court (2025) and Gujarat High Court (2026) confirm that initiating proceedings under Sections 84 and 85 BNSS does not automatically bar anticipatory bail (though absconding conduct remains a key factor in exercising discretion), emphasize the distinction between a “proclaimed person” and a “proclaimed offender,” and mandate that third-party claims under Section 87 BNSS be meaningfully adjudicated before attachment becomes final.
Since the BNSS came into force on 1 July 2024, many judicial principles governing Sections 84 to 87 BNSS continue to be derived from precedents interpreting Sections 82 to 85 of the Code of Criminal Procedure, 1973, owing to the substantial similarity between the provisions.
These decisions continue to have persuasive value under the BNSS because Sections 84 to 87 BNSS substantially reproduce the scheme previously contained in Sections 82 to 85 of the Code of Criminal Procedure, 1973.
International Perspective on Property Attachment and Confiscation
International courts treat the attachment and confiscation of property as exceptional measures that can be used only according to law and under proper judicial control. In AGOSI v. United Kingdom (1986), the European Court of Human Rights held that any State interference with a person’s property rights must strike a fair balance between the public interest and the individual’s right to peaceful enjoyment of their possessions. The Court made clear that such interference is valid only when adequate procedural safeguards exist to prevent arbitrary action.
In Air Canada v. United Kingdom (1995), the same Court upheld forfeiture-related measures because the affected party had access to judicial review and effective legal remedies to challenge the seizure. The judgment underlined that any attachment of property must be proportionate to the purpose it serves and must be accompanied by real opportunities for the person concerned to seek legal redress.
The principle of procedural fairness was further strengthened in Phillips v. United Kingdom (2001). There the Court accepted confiscation linked to criminal activity but insisted that the affected person must be given a genuine chance to contest the State’s claims and to rebut any statutory presumptions before an impartial tribunal.
These international standards closely match the scheme under Sections 84, 85 and 87 of the BNSS. Those provisions require a lawful procedure, judicial scrutiny of the reasons for attachment, and protection of third-party interests before any attachment of property can become final.
Conclusion
Section 85 helps courts prevent an absconding person from defeating justice by staying out of reach. It allows attachment of both movable and immovable property, permits quick action when there is a real risk of assets being removed, and provides different methods suited to different kinds of property. At the same time, it requires written reasons, protects third-party interests, and treats attachment as a temporary measure rather than final forfeiture. Read together with Sections 84, 86, and 87, Section 85 forms part of a clear legal framework that ensures absconding does not become an easy way to escape the process of law.
