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Thursday, 12 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 88 BNSS: Release, sale and restoration of attached property

Corresponding CrPC
Section 85 CrPC

Bare Act text

(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.

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

If the proclaimed person appears within the time specified in the proclamation, the Court orders the attached property released. If he does not appear, the property is at the disposal of the State Government, but it cannot be sold until six months from attachment have expired and claims or objections under section 87 are disposed of, unless it is subject to speedy and natural decay or the Court considers sale to be for the owner’s benefit, when it may be sold whenever the Court thinks fit. If, within two years from attachment, the person appears voluntarily or is brought before the attaching Court or its superior Court, and proves that he did not abscond or conceal himself to avoid execution of the warrant and lacked notice of the proclamation enabling him to attend in time, the property, or the net sale proceeds, or the proceeds and residue, is delivered to him after satisfying all attachment costs.

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