Section 88 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Release, Sale And Restoration Of Attached Property.

Release and Disposal of Attached Property

(1) If the proclaimed person appears within the time specified in the proclamation,
the Court shall make an order releasing the property from the attachment.
(2) If the proclaimed person does not appear within the time specified in the
proclamation, the property under the attachment shall be at the disposal of the State 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 section 87 has been
disposed of under that 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.
(3) If, within two years from the date of the attachment, any person whose property is
or has been at the disposal of the State Government under sub-section (2), appears voluntarily
or is apprehended and brought before the Court by whose order the property was attached,
or the Court to which such Court is subordinate, and proves to the satisfaction of such
Court that he did not abscond or conceal himself for the purpose of avoiding execution of
the warrant, and that he had not such notice of the proclamation as to enable him to attend
within the time specified therein, such property, or, if the same has been sold, the net
proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and
the residue of the property, shall, after satisfying therefrom all costs incurred in consequence
of the attachment, be delivered to him.

Explanation of Section 88 BNSS

Purpose of Section 88

• This section ensures that a proclaimed person has a chance to reclaim their attached property.
• It prevents the State from unjustly acquiring property while still allowing forfeiture when the person fails to appear.

Key Features of Section 88

1. Release of Property if the Accused Appears

   • If the proclaimed person appears within the specified time, the Court must release the attached property.

2. State Control Over Unclaimed Property

   • If the person does not appear, the property is transferred to the State Government.
   • It cannot be sold for six months unless:
     • The property is perishable, or
     • The sale benefits the owner.

3. Two-Year Window for Reclaiming Property

   • If the proclaimed person appears or is arrested within two years and proves they did not abscond knowingly, they may reclaim:
     • The property (if unsold)
     • The sale proceeds (if sold)

Illustration of Section 88 BNSS

Example 1: Proclaimed Person Appears in Time

• A businessman (X) is declared a proclaimed offender, and his property is attached under Section 85.
• X returns and appears before the Court within the proclaimed time.
• The Court orders the release of X’s property.

Example 2: Property Becomes State Property After No Show

• Y is declared a proclaimed offender, and his house is attached.
• Y does not appear within the specified time.
• After six months, the State takes control of the house.
• Since no one claims the house under Section 87, it is sold and the amount goes to the State Treasury.

Example 3: Reclaiming Property After Two Years

• Z’s property is attached, but he is unaware of the proclamation.
• Z is arrested 1.5 years later and proves he did not abscond to avoid arrest.
• The Court verifies his claim and returns his property.
• If the property was sold, the net sale proceeds (after deducting costs) are given to Z.

Common Questions and Answers on Section 88 BNSS

1. What happens if the proclaimed person appears in Court within the proclaimed period?

• The Court must release the attached property.

2. What happens if the proclaimed person does not appear?

• The property is placed at the disposal of the State Government after six months.
• If perishable or beneficial to the owner, the Court may sell it earlier.

3. Can the property be sold immediately?

• No, it must remain unsold for six months unless:
  • It is perishable, or
  • Selling it benefits the owner.

4. Can a proclaimed person reclaim property after two years?

• Yes, but only if they prove:
  • They did not abscond to avoid arrest, and
  • They were unaware of the proclamation.

5. If the property was sold, can the proclaimed person get money back?

• Yes, they will receive the net sale proceeds after deducting costs.

Conclusion

Section 88 BNSS provides a fair process for handling attached property by:
✅ Allowing property release if the person appears on time
✅ Giving six months before the State can dispose of it
✅ Providing a two-year window for reclaiming property
✅ Ensuring innocent people do not lose property unjustly

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