Section 85 CrPC: Release, Sale, and Restoration of Attached Property
This section outlines the procedures for dealing with property attached during criminal proceedings, including its release, sale, and restoration.
1. Code
Section 85 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explanation
This section governs the following aspects related to attached property:
- Release of Property: The court may order the release of attached property if it determines that it is not required for the investigation or trial.
- Sale of Property: If the property is perishable or its continued attachment causes undue hardship, the court may order its sale. The proceeds from the sale are deposited into court.
- Restoration of Property: Upon the acquittal of the accused or the termination of the proceedings, the court orders the restoration of the attached property to the owner, subject to certain conditions.
3. Illustration
Imagine a case where a person is accused of stealing a car. The police attach the car as evidence. If the accused is acquitted or the charges are dropped, the court will order the car’s restoration to the owner under Section 85 CrPC.
4. Common Questions and Answers
Q: Who can apply for the release of attached property?
A: The owner of the property, the accused, or any other person having a legitimate interest in the property can apply for its release.
Q: What are the grounds for release of attached property?
A: The court may order the release if it finds that the property is not required for the investigation or trial, or if its continued attachment would cause undue hardship.
Q: What happens to the proceeds from the sale of attached property?
A: The proceeds are deposited into court and are subject to the court’s orders. They may be used to compensate the victim or to cover the costs of the investigation or trial.
