Section 88 BNSS: of the attachment, be delivered to him
Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Statutory Wording (100% Legally Correct)
(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 Identification and attachment of property of proclaimed person. Claims and objections to attachment. Release, sale and restoration of attached property. 5 of 1908. 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
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 88 of the BNSS.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.
Frequently Asked Questions (FAQs)
Q: What does BNSS Section 88 cover?
A: Section 88 of the BNSS 2023 deals with: "of the attachment, be delivered to him". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.
Q: Which old CrPC section does BNSS Section 88 replace?
A: BNSS Section 88 ("of the attachment, be delivered to him") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.
Q: Does BNSS Section 88 apply across all Indian states?
A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 88 ("of the attachment, be delivered to him") follows this national applicability.
Q: When did BNSS Section 88 come into effect?
A: The BNSS 2023 — including Section 88 ("of the attachment, be delivered to him") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.
