Section-88 of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE
C.-Proclamation and Attachment
Attachment of property of person absconding
88.(1) The Court issuing a
proclamation under section 87 may at any time order the attachment of any
property, movable or immovable, or both, belonging to the proclaimed person.
(2) Such order shall
authorize the attachment of any property belonging to such person within
the local area in which it is made; and it shall authorize the attachment
of any property belonging to such person without such local area when
endorsed by the District Magistrate Chief Judicial Magistrate or
Chief Metropolitan Magistrate within whose local area such property is
situate.
(3) If the property
ordered to be attached is a debt or other movable property, the attachment
under this section shall be made-
(a) by seizure; or
(b) by the appointment of
a receiver; or
(c) by an order in
writing prohibiting the delivery of such property to the proclaimed person or
to any one on his behalf; or
(d) by all or any two of
such methods, as the Court thinks fit.
(4) If the property
ordered to be attached is immovable, the attachment under this section shall,
in the case of land paying revenue to the Government, be made through the
Collector of the district in which the land is situate, and in all other cases-
(e) by taking possession;
or
(f) by the appointment of
a receiver; or
(g) by an order in
writing prohibiting the payment of rent or delivery of property to the
proclaimed person or to any one on his behalf; or
(h) by all or any two of
such methods, as the Court thinks fit.
(5) If the property
ordered to be attached consists of live-stock or is of a perishable nature, the
Court may, if it thinks it expedient, order immediate sale thereof, and in such
case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties
and liabilities of a receiver appointed under this section shall be the same as
those of a receiver appointed under Order XL of the First Schedule to
the Code of Civil Procedure, 1908.
(6A) If any claim is
preferred to, or objection made to the attachment of, any property attached
under this section within six months from the date of such attachment, by any
person other than the proclaimed person, on the ground that the claimant or
objector has an interest in such property, and that such interest is not liable
to attachment under this section, the claim or objection shall be inquired
into, and may be allowed or disallowed in whole or in part:
Provided that any claim
preferred or objection made within the period allowed by this sub-section may,
in the event of the death of the claimant or objector, be continued by his
legal representative.
(6B) Claims or objections
under sub-section (6A) may be preferred or made in the Court by which the order
of attachment is issued or, if the claim or objection is in respect of property
attached under an order endorsed by a District Magistrate, Chief Judicial
Magistrate or Chief Metropolitan Magistrate in accordance with the
provisions of sub-section (2), in the Court of such Magistrate.
(6C) Every such claim or
objection shall be inquired into by the Court in which it is preferred or made:
Provided that, if it is
preferred or made in the Court of a Chief Judicial Magistrate or Chief
Metropolitan Magistrate such Magistrate may make it over for disposal to any
Magistrate or to any Metropolitan Magistrate, as the case may be
subordinate to him.
(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
(6E) If the proclaimed
person appears within the time specified in the proclamation, the Court shall
make an order releasing the property from the attachment.
(7) If the proclaimed
person does not appear within the time specified in the proclamation, the
property under attachment shall be at the disposal of the Government, but it
shall not be sold until the expiration of six months from the date of the
attachment and until any claim preferred or objection made under sub-section
(6A) has been disposed of under that sub-section, unless it is subject to
speedy and natural decay, or the Court considers that the sale would be for the
benefit of the owner, in either of which cases the Court may cause it to be
sold whenever it thinks fit.
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