Attachment of the Property of a Proclaimed Person Under the BNSS (Section 85): CrPC 83 Mapping (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

A proclamation calls an absconding accused out in public, but a notice alone rarely brings back someone who has decided to hide. The law gives the court a sharper tool: it can attach the person’s property, which puts real pressure on them to appear. From 1 July 2024 this power sits in Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 83 of the Code of Criminal Procedure, 1973 (CrPC). This explainer sets out what the section is, what changed, how attachment works, and when property can be released or sold. Last verified October 2026.

01Why attachment exists

A proclamation is a call to appear. Attachment is the pressure behind it. By reaching the absconder’s property, the court gives the person a strong reason to come back and face the case.

Attachment raises real questions for several people:

• The absconding accused, whose assets are frozen.
• Family members or co-owners who have an interest in the same property.
• Third parties, such as a buyer or a creditor, who claim a stake in the attached property.

Because attachment hits property rights, the section builds in a recorded-reasons requirement and a route for third parties to object. Knowing the exact section and its steps is key for anyone caught up in it.

02What Section 85 of the BNSS is

Section 85 of the BNSS is the attachment of the property of a person absconding. It is the direct successor to Section 83 of the CrPC, and it came into force on 1 July 2024. The text is nearly identical, with the cross-references updated to the new proclamation section.

In plain terms, the court that issued a proclamation under Section 84 may, for reasons to be recorded in writing, at any time after the proclamation is issued, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.

Section 85 of the BNSS lets the court attach a proclaimed person’s property, but only for reasons recorded in writing. It is the pressure step that follows a proclamation.

This is procedure, not a penal offence. Section 85 carries no punishment. It is a coercive step to secure the person’s appearance and to protect property pending the case.

03Old to new: CrPC 83 to BNSS 85

The attachment steps map directly across the two codes.

On substance the provision is carried over. The main change is the internal cross-reference: Section 85 now refers to a proclamation under Section 84, where the old Section 83 referred to Section 82. The modes of attachment, the territorial rules, and the claims mechanism are the same.

04How attachment is carried out

The section sets out how property is attached, and the method depends on the type of property.

Recorded reasons and timing

The court must record reasons in writing. Attachment is ordinarily ordered after the proclamation is issued, but a proviso allows it at the same time as the proclamation if the court is satisfied that the person is about to dispose of the property or remove it from the court’s jurisdiction.

Movable property

Movable property is attached by seizure, by the appointment of a receiver, by a written order prohibiting its delivery to the proclaimed person, or by any combination of these the court thinks fit.

Immovable property

For immovable property, the attachment is made through the Collector of the district where the land lies if it is land paying revenue to the State Government. Other immovable property is attached by taking possession, by appointing a receiver, by a written order prohibiting payment of rent or delivery to the proclaimed person, or by a combination of these.

Territorial reach

The order authorises attachment of property within the district where it is made. Property in another district can be attached once the order is endorsed by the District Magistrate of that district.

05Claims, release and sale

Attachment is not the end of the story. The code protects both the absconder who returns and third parties with an interest.

• If the person appears in time: if the proclaimed person appears within the time set in the proclamation, the property is released from attachment.
• Limit on sale: attached property generally cannot be sold until six months have passed from the date of attachment, and until any claim or objection has been disposed of, unless the property is subject to speedy decay or a sale is in the owner’s interest.
• Third-party claims: a person other than the proclaimed person who claims an interest in the attached property can make a claim or objection, which must be made within six months from the date of the attachment.

Release, sale and restoration are dealt with in Section 86 of the BNSS, and the claims mechanism in Section 87.

06Practical points

• Check the recorded reasons. Attachment needs reasons in writing. An order made without them can be challenged.
• Watch the six-month clock. It controls both the limit on sale and the window for third-party claims and objections.
• Confirm the proclamation was valid. Attachment under Section 85 flows from a proclamation under Section 84. If the proclamation is bad, the attachment is open to attack.

For the step before attachment, see our explainer on proclamation for a person absconding under Section 84 of the BNSS.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

An attachment throws off orders at almost every turn, the attachment order itself, third-party claims, the six-month clock, release and sale, and each one can hinge on earlier rulings. Claw lets you search those rulings across more than 30 crore judgments, covering the Supreme Court from 1950 and the High Courts from 1990, to see how courts have read Section 85 of the BNSS and the old Section 83, with an answer in under five seconds. It then keeps the matter itself in view, its orders and hearings, across 9,102 courts, benches and forums, searched by party or advocate name, so a release or sale date does not slip by. Open a free Claw account to research Section 85 attachments and follow them by party or advocate name.

Claw does not attach or release property for you and does not replace legal advice. It is a tool to research the law and keep track of the matter once it is before a court. Claw does not use customer case documents to train its AI models.

08Sources and further reading

• India Code (official text of the BNSS): indiacode.nic.in
• Ministry of Home Affairs: mha.gov.in
• Text of Section 85 BNSS: devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions