Section 83 CrPC: Attachment of Property of Absconding Person – Code of Criminal Procedure
1. Code:
Section 83 of the Code of Criminal Procedure, 1973 (CrPC) deals with the attachment of property of an absconding person.
2. Explanation:
This section empowers a Magistrate to order the attachment of the property of a person who has absconded to prevent the disposal of such property. The purpose is to ensure that the accused can be brought to justice and that their property is available to satisfy any future judgment or order in the case.
The following conditions must be met for attachment under Section 83:
- The person must have absconded.
- The Magistrate must be satisfied that there are reasonable grounds to believe that the person has absconded.
- The Magistrate must be satisfied that there is a risk that the person may dispose of their property to avoid paying any future judgment or order.
3. Illustration:
A person is accused of a serious crime and absconds to avoid arrest. The investigating officer believes that the accused may be selling their property to escape with the proceeds. The Magistrate, based on the officer’s report, orders the attachment of the accused’s property to prevent its disposal.
4. Common Questions and Answers:
Q1: Who can order attachment under Section 83?
A: Only a Magistrate can order the attachment of property under Section 83.
Q2: What happens to the attached property?
A: The attached property is held in the custody of the court. It is not sold or disposed of until the final judgment or order in the case is passed.
Q3: Can the accused recover their attached property?
A: Yes, the accused can apply to the court for the release of the property. The court will consider the circumstances of the case and may release the property if it is satisfied that the risk of disposal no longer exists.
