Section 83 of The Code of Criminal Procedure, 1973
- (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).
Summary
- The court can order the seizure of property belonging to someone who is hiding to avoid a warrant.
- This seizure, called attachment, can include movable property, immovable property, or both.
- A court may order the attachment at the same time it issues a public notice if it thinks the person is about to hide or sell their assets.
- Movable property is attached by taking it away, appointing a manager called a receiver, or banning its delivery to the owner.
- Immovable property like land is attached through the local Collector or by taking possession.
- If the property consists of livestock or things that will rot quickly, the court can sell them immediately.
FAQ
1. When can a court seize property under Section 83 of the Code of Criminal Procedure, 1973?
A court that has issued a public proclamation for an absconding person can order the attachment of that person's property at any time after the proclamation is issued.
2. Can Section 83 of the Criminal Procedure Code be used to seize a house?
Yes, the Code of Criminal Procedure, 1973, allows for the attachment of both movable property like vehicles and immovable property like houses or land under Section 83.
3. What happens to seized animals or food under Section 83 of the Code of Criminal Procedure, 1973?
If the attached property is livestock or is perishable, the court can order an immediate sale under Section 83 of the Code of Criminal Procedure, 1973.
4. Can a court seize property outside its own district under Section 83 of the Criminal Procedure Code?
Yes, but the attachment order must be endorsed by the District Magistrate of the specific district where the property is actually located.
5. Who manages seized land that pays revenue to the government under Section 83 of the Code of Criminal Procedure, 1973?
Under Section 83 of the Code of Criminal Procedure, 1973, the attachment of such land must be made through the Collector of the district where the land sits.
Test yourself
Q1.Under Section 83 of the Code of Criminal Procedure, 1973, when can a court order attachment simultaneously with the proclamation?
Q2.How is movable property attached under Section 83 of the Criminal Procedure Code?
Q3.Under Section 83 of the Code of Criminal Procedure, 1973, what determines the powers of a receiver appointed to manage attached property?
Q4.What is the primary purpose of property attachment under Section 83 of the Code of Criminal Procedure, 1973?