Criminal Procedure Code · Updated to 1 May 2023 · Chapter V · Processes to Compel Appearance
45. Attachment of property of person proclaimed
Feedback & supportThe Court issuing a proclamation under section 44 may at any time order the attachment of any property movable or immovable or both belonging to the proclaimed person.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
The order shall authorize the attachment of any property belonging to the person within the local jurisdiction of the Court by which it is made, and it shall authorize the attachment of any property belonging to that person without such jurisdiction when indorsed by a
Magistrate within whose jurisdiction the property is situate.
If the property ordered to be attached consists of debts or other movable property the attachment shall be made—
by seizure;
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by the appointment of a receiver;
by an order in writing prohibiting the delivery of the property to the proclaimed person or to any one on his behalf; or
by all or any two of such methods as the Court thinks fit.
If the property ordered to be attached be immovable the attachment under this section shall be made through the Land
Administrator of the district in which the land is situate; and upon the receipt of an order of attachment the said Land Administrator shall execute the same―
by taking possession;
by the appointment of a receiver;
by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
by all or any two of such methods as he thinks fit.
No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with the land for the time being in force.
The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under rules of court in force for the time being.
If the proclaimed person does not appear within the time specified in the proclamation the property shall be at the disposal of the Government, but it shall not be sold until the expiration of six months from the date of the attachment 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.
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Any person other than the person proclaimed may appear before the Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached:
Provided that such claim is made within three months from the order of attachment.
The Court shall record the claim so made and shall cause a copy thereof to be served upon the Public Prosecutor together with a notice requiring him to attend before the Court on a day and at a time to be stated therein to show cause why the property, if attached, should not be released, or why the order of attachment should not be cancelled so far as it relates to the property so claimed.
At the hearing the Court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as may be necessary.
Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials in summary cases before Magistrates.
inquiry
“inquiry” includes every inquiry conducted under this Code before a Magistrate;
The Court shall, if satisfied of the truth and justice of the claim, direct such property to be released or such order to be cancelled, or if satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.
The Court may in its discretion award to the claimant costs and such advocates’ fees as it thinks proper which shall be paid out of the
Consolidated Fund.
Restoration of attached property