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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter VI: Processes To Compel Appearance

Section 87 BNSS: Claims and objections to attachment

Corresponding CrPC
Section 84 CrPC

Bare Act text

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.

(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows any person other than the proclaimed person to object to attachment, claiming an interest in the property, within six months of the attachment. The claim is inquired into and may be allowed or disallowed in whole or in part. A person whose claim is disallowed may sue within one year to establish the right claimed.

Chapter VI: Processes To Compel Appearance

  1. 63 Form of summons
  2. 64 Summons how served
  3. 65 Service of summons on corporate bodies, firms, and societies
  4. 66 Service when persons summoned cannot be found
  5. 67 Procedure when service cannot be effected as before provided
  6. 68 Service on Government servant
  7. 69 Service of summons outside local limits
  8. 70 Proof of service in such cases and when serving officer not present
  9. 71 Service of summons on witness
  10. 72 Form of warrant of arrest and duration
  11. 73 Power to direct security to be taken
  12. 74 Warrants to whom directed
  13. 75 Warrant may be directed to any person
  14. 76 Warrant directed to police officer
  15. 77 Notification of substance of warrant
  16. 78 Person arrested to be brought before Court without delay
  17. 79 Where warrant may be executed
  18. 80 Warrant forwarded for execution outside jurisdiction
  19. 81 Warrant directed to police officer for execution outside jurisdiction
  20. 82 Procedure on arrest of person against whom warrant issued
  21. 83 Procedure by Magistrate before whom such person arrested is brought
  22. 84 Proclamation for person absconding
  23. 85 Attachment of property of person absconding
  24. 86 Identification and attachment of property of proclaimed person
  25. 87 Claims and objections to attachment
  26. 88 Release, sale and restoration of attached property
  27. 89 Appeal from order rejecting application for restoration of attached property
  28. 90 Issue of warrant in lieu of, or in addition to, summons
  29. 91 Power to take bond or bail bond for appearance
  30. 92 Arrest on breach of bond or bail bond for appearance
  31. 93 Provisions of this Chapter generally applicable to summons and warrants of arrest