Understanding Section 85 CrPC: Release, Sale, and Restoration of Attached Property

Section 85 of the Criminal Procedure Code (CrPC) holds significant importance in the legal landscape, particularly concerning the release, sale, and restoration of attached property. This provision is a crucial part of the procedural law that governs the handling of property involved in criminal proceedings. It outlines the conditions and methods under which property can be released, sold, or restored to the rightful owner.

The Criminal Procedure Code (CrPC) is a comprehensive statute that lays down the procedural aspects of criminal law in India. Section 85 specifically addresses the management of property that has been attached during the course of an investigation or trial. This section ensures that due process is followed in dealing with such property, balancing the interests of justice with the rights of property owners.

Bare Act. Section 85 Cr.P.C.
Release, sale and restoration of attached property.

(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 84 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.

What is Section 85 CrPC?

Section 85 of the CrPC pertains to the release, sale, and restoration of property that has been attached by the authorities. Attachment of property typically occurs when the property is believed to be involved in criminal activity, or when the property owner is evading legal proceedings. The section outlines the legal procedures for managing such property, ensuring that it is not unjustly confiscated or misused.

Conditions for Release of Attached Property

Legal Grounds for Attachment

Property attachment under the CrPC can happen for several reasons, such as:

• Involvement in Crime: Property used in the commission of a crime can be attached.
• Securing Presence of Accused: To ensure the accused attends court proceedings, their property might be attached.
• Recovery of Fines: If fines or penalties are levied, property may be attached to ensure payment.

Procedure for Release

To release attached property, certain conditions must be met:

• Court Order: A court must issue an order for the release of the property. The owner can petition the court, providing reasons and proof for the release.
• No Criminal Involvement: It must be proven that the property is not involved in any criminal activity.
• Sufficient Security: The owner might be required to provide a bond or other security to ensure compliance with legal requirements.

Sale of Attached Property

When is Sale Permissible?

The sale of attached property is generally a last resort. It is permissible under the following circumstances:

• Perishable Goods: If the property is perishable or likely to deteriorate.
• Owner’s Consent: If the property owner consents to the sale.
• Legal Mandate: When legally mandated by the court to settle fines or claims.

Process of Sale

The sale process involves several steps:

• Public Auction: The property is usually sold through a public auction, ensuring transparency and fair valuation.
• Notification: Proper notice of the sale must be given to the owner and other interested parties.
• Court Approval: The sale must be approved by the court to ensure legality and fairness.

Restoration of Attached Property

Criteria for Restoration

Restoration of attached property can occur when:

• Charges Dropped: If the criminal charges are dropped or if the accused is acquitted.
• Successful Appeal: If an appeal against the attachment order is successful.
• Fulfillment of Legal Conditions: When all legal conditions for the release have been satisfied.

Procedure for Restoration

The restoration process typically involves:

• Application to Court: The owner must file an application for restoration with the appropriate court.
• Proof of Ownership: The owner must provide evidence of ownership and that the property is free from criminal involvement.
• Court Order: The court issues an order for restoration, and the property is returned to the owner.

Significance of Section 85 CrPC

Protection of Property Rights

Section 85 CrPC plays a crucial role in protecting property rights. It ensures that property is not arbitrarily confiscated and that owners have a legal recourse to reclaim their property.

Ensuring Legal Compliance

This section ensures that the attachment, sale, and restoration of property are conducted in a legal and fair manner, maintaining the integrity of the judicial process.

Challenges in Implementing Section 85 CrPC

Legal Complexities

The legal procedures involved in the attachment and release of property can be complex, requiring thorough understanding and compliance with various legal provisions.

Delays in Judicial Process

The judicial process can be slow, leading to delays in the release, sale, or restoration of property, which can be frustrating for property owners.

Misuse of Provisions

There is always a risk of misuse of the provisions of Section 85, either by authorities or individuals, leading to unjust attachment or delayed restoration.

Insights Based on Real-World Cases

Case Study: Timely Restoration

In a landmark case, a property was attached under suspicion of involvement in criminal activity. However, the owner successfully proved that the property was not involved, leading to its timely restoration by court order. This case highlighted the importance of Section 85 in ensuring justice and protecting property rights.

Case Study: Challenges in Implementation

In another case, the attachment of property led to a prolonged legal battle due to procedural complexities and delays. Despite the owner’s efforts, the property remained attached for years, showcasing the challenges in implementing Section 85 effectively.

Conclusion

Section 85 CrPC is a vital provision that ensures the fair and legal management of property involved in criminal proceedings. It protects property rights, ensures legal compliance, and provides a structured process for the release, sale, and restoration of attached property. However, effective implementation requires addressing legal complexities and reducing judicial delays to safeguard the interests of property owners.

Frequently Asked Questions