Understanding Section 83 CRPC: Attachment of Property of Person Absconding

In the vast landscape of criminal procedural law in India, Section 83 of the Criminal Procedure Code (CRPC) stands as a significant provision aimed at addressing the complexities surrounding the attachment of property of a person absconding. This detailed guide explores the legal nuances, implications, procedures, and effects of Section 83 CRPC.

Navigating the intricacies of legal provisions can often be daunting. Section 83 CRPC, dealing with the attachment of property of absconding persons, is designed to ensure that justice prevails even when an accused tries to evade legal processes. This section empowers authorities to take decisive actions to attach the property of individuals who fail to appear before the court, thus ensuring that the wheels of justice do not come to a standstill.

Bare Act. Section 83 Cr.P.C.
Attachment of property of person absconding.

(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,--
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,
it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made--
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases--
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

Section 83 CRPC: An Overview

Understanding the Provision

Section 83 of the Criminal Procedure Code allows the court to attach the property of a person who has absconded or is concealing himself to avoid arrest. This legal provision is a crucial tool in the hands of the judiciary to ensure that justice is not thwarted by the mere absence of the accused.

Legal Context and Importance

The primary objective of Section 83 CRPC is to prevent absconders from enjoying the proceeds of their actions or evading the consequences of their alleged crimes. By attaching the property, the law not only acts as a deterrent but also secures the financial interests of the state and victims involved.

Initiating the Process: Conditions and Requirements

Court’s Prerogative

For Section 83 to be invoked, the court must be satisfied that the person is absconding or is in hiding to avoid arrest. This satisfaction is derived from the circumstances and evidence presented before the court, indicating the person’s deliberate attempt to evade justice.

Issuance of Proclamation

Prior to attaching the property, the court issues a proclamation under Section 82 CRPC, declaring the person as an absconder. This proclamation is a prerequisite for any action under Section 83, ensuring that the accused has been given sufficient opportunity to surrender.

Procedure for Attachment of Property

Attachment Orders

Once the court is convinced of the absconding status, it can order the attachment of the person’s property. This includes both movable and immovable properties. The order specifies the details of the property to be attached, and the manner in which the attachment is to be carried out.

Execution of Attachment

The actual process of attachment is carried out by the concerned police officers or court-appointed officials. They are responsible for identifying, cataloging, and seizing the property as per the court’s directives. This step is crucial to ensure that the property is secured and documented accurately.

Legal Implications and Consequences

Rights of the Absconder

Even though the person is absconding, they retain certain legal rights. They can challenge the attachment order in the court and present their case. The court, upon reviewing the evidence, may decide to release the attached property if it finds the attachment unjustified.

Impact on the Property

The attachment of property under Section 83 CRPC means that the absconder cannot dispose of or transfer the property. It remains under legal custody until the case is resolved, ensuring that the person cannot benefit from its use or sale.

Impact on Stakeholders

Victims and Complainants

For victims, the attachment serves as a form of assurance that the accused will eventually face legal consequences. It also provides a potential means for compensation if the court decides to liquidate the property to satisfy any claims.

State and Law Enforcement

For the state, it ensures that the absconding person cannot indefinitely evade justice. Law enforcement agencies view this as a powerful tool to bring absconders to justice and recover assets linked to criminal activities.

Challenges and Criticisms

Practical Difficulties

Executing attachment orders can be challenging, particularly in locating and identifying all properties owned by the absconder. There may also be legal complications if the property is jointly owned or encumbered.

Legal and Ethical Concerns

There are ethical concerns about the potential for misuse of this provision. Ensuring that the rights of the absconder are not unduly compromised is essential to maintaining the integrity of the judicial process.

Conclusion

Section 83 CRPC plays a pivotal role in the Indian criminal justice system by addressing the issue of absconding accused. It empowers the judiciary and law enforcement agencies to take proactive measures to attach properties, ensuring that justice is served. By understanding the legal framework, procedures, and implications of this provision, stakeholders can better navigate its complexities and uphold the principles of justice.

Frequently Asked Questions