Code:
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,–
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,
it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district 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 State Government, be made through the Collector of the district in which the land is situate, and in all other cases–
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of 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.
(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 the Code of Civil Procedure, 1908 (5 of 1908).
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.
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.
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.
