Legal Provisions of Section 84 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Claims and objections to attachment:
The claims or objections as to the right in respect of property attached under Section 83 are decided as per the procedure detailed out in this present section. The Court ordering attachment of the absconder may enquire into the claims and objections and either allow or reject them.
Image Source: ospreystrategicresearch.com
ADVERTISEMENTS:
The Court which seized the attached property should give fullest opportunity to the party affected to contest the proceedings and orders should not be passed in the absence of the party concerned.
The section does not bar a party to institute a suit in a Civil Court within one year for his right in respect of attached property which has been disallowed by the Criminal Court. Therefore, right of a person to institute a suit in a Civil Court is not barred by this section.
No claims or objections in respect of property attached can be preferred after such property is released from attachment. But a third party can file a civil suit for adjudication of his right or claim.
