Legal provisions regarding attachment of property of person absconding, under 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. However, 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:
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(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 authorize the attachment of any property belonging to such person within the district in which it is made, and it shall authorize 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;
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(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 anyone on his behalf; or
(d) By all or any two of such methods, as the Court thinks fit.
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(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 anyone 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 livestock 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.
Both Sections 82 and 83 show that even in summons cases and against witness, a proclamation and attachment may be issued. Prior issuance of proclamation directing the person concerned to appear is a necessary pre-condition before issuance of warrant of attachment of property. An order of attachment of property should not be passed in haste and without the proper application of mind. The Court should wait for a period of thirty days to enable the accused to appear in terms of the proclamation.
The object of Section 83 of the Code is not to punish the absconder, but to compel him to appear. Section 83 seeks to penalize such person who avoids arrest under a warrant and against whom a proclamation under Section 82 has been issued.
Section 83 puts additional pressure upon the person against whom a warrant of arrest has been issued, by depriving him of his property to enforce his appearance before the Court.
If the property has not been confiscated or disposed of, the title thereof continues to vest in the owner and thereafter in his heirs. Orders for attachment of the property of the accused may be made at any time after the issue of the proclamation.
What can be attached under Section 83 is the right, title and interest of the absconding person in the property. An attachment of property under this Section is not authorized in a district other than that of the issuing Court. But, if the property to be attached is in a district outside that of the issuing Court, the order must be endorsed by the District Magistrate within whose jurisdiction the property sought to be attached is situated.
An attachment of property under this Section places the same at the disposal of the Government and it would be open to the Government to sell the property or to dispose of the same in any other manner or to be itself in possession of the same.
Revision lies to quash the attachment in the following cases:
(i) Where the attachment order violates the condition for its exercise;
(ii) Where the proclamation contravenes Section 82(1) of the Code;
(iii) Where the Court fails to determine the claim or objection filed under Section 84; and
(iv) Where the Court simply orders the claim or objection to be filed.
