Code
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, 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 section 83, 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.
(2) Claims or objections under sub-section (1) 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 under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) 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, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) 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.
Explanation
Section 84 of the CrPC provides a mechanism for individuals to assert their claim to property that has been attached by the court in connection with a criminal case. The following are key points:
- Claimant: Any person who believes they have a right to or interest in the attached property can file a claim.
- Time Limit: The claim must be filed within 30 days from the date of attachment.
- Procedure: The claimant must submit a written claim stating their right or interest in the property.
- Hearing: The Magistrate will hold a hearing to consider the claim and provide both parties (the claimant and the person who initiated the attachment) an opportunity to present their arguments.
- Decision: The Magistrate will then decide on the validity of the claim and determine the claimant’s right to the property.
Illustration
Imagine a scenario where the police attach a car as part of a criminal investigation. The owner of the car claims that they are innocent and the car was purchased legally. They can file a claim under Section 84 of the CrPC, stating their ownership and requesting the release of the car.
Common Questions and Answers
Q: What happens if a claim is not filed within 30 days?
A: Failure to file a claim within the stipulated time may result in the forfeiture of the property, meaning the claimant may lose their right to it.
Q: Can a claim be filed even if the person initiating the attachment is a private individual?
A: Yes, Section 84 applies regardless of whether the attachment is made by a police officer or a private individual.
Q: Who decides on the validity of the claim?
A: The Magistrate has the authority to decide on the validity of the claim after hearing from both parties.
