Section 88 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

Section 88 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

88. (1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. (2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the
attachment and until any claim preferred or objection made under section 87 has been
disposed of under that section, unless it is subject to speedy and natural decay, or the
Court considers that the sale would be for the benefit of the owner; in either of which cases
the Court may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is
or has been at the disposal of the State Government under sub-section (2), appears voluntarily
or is apprehended and brought before the Court by whose order the property was attached,
or the Court to which such Court is subordinate, and proves to the satisfaction of such
Court that he did not abscond or conceal himself for the purpose of avoiding execution of
the warrant, and that he had not such notice of the proclamation as to enable him to attend
within the time specified therein, such property, or, if the same has been sold, the net
proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and
the residue of the property, shall, after satisfying therefrom all costs incurred in consequence
of the attachment, be delivered to him

 

 

Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh

+91-9463742964

advanoopverma@gmail.com

www.vlaoffice.com/contact-us

 

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