Law and You >Procedural Laws > BNSS > Concept Applications Concept Applications 6.2.3 : Proclamation and Attachment ( 2 Marks)
Proclamation and Attachment (2 Marks Questions)
Answer in One to Two Sentences
Q1. What is a proclamation under the BNSS, and against whom can it be issued?
Under Section 84(1) BNSS, a proclamation is a public notice requiring an absconding person to appear before the Court. It may be issued when a warrant has been issued and the Court has reason to believe that the person has absconded or is concealing himself to avoid execution of warrant of arrest.
Q2. What conditions must be satisfied before a proclamation can be issued?
There must ordinarily be an issued warrant and the Court must have reason to believe that the person has absconded or is concealing himself so that the warrant cannot be executed.
Q3. What is the purpose of publication of a proclamation?
Its purpose is to publicly notify the absconding person and require him to appear before the Court at the specified place and time.
Q4. What is method of publication of proclamation?
- The proclamation shall be read publicly in the part of the town or village where such person resides;
- The written proclamation shall be affixed to some conspicuous (clearly visible) part of the house in which such person resides;
- A copy of such publication will also be affixed at the courthouse;
- If the court thinks fit, it may order to publish such publication in a daily newspaper circulating in the area where such person resides.
Q5. What is the prescribed period given to a proclaimed person to appear before the Court?
The date fixed for appearance must be not less than thirty days from the date of publication of the proclamation.
Q6. What is the evidentiary value of published proclamation?
If a court issues a proclamation (a public notice ordering a person to appear before the court), and the court later gives a written statement saying that the proclamation was properly published on a particular day and in the required way. Under Section 84(3) BNSS, that statement is treated as final proof that the legal requirements were followed.
Q7. Who is proclaimed offender?
Under Section 84(4) BNSS, if a person is accused of a serious offence punishable with 10 years or more imprisonment, life imprisonment, or death, and the court has issued a public proclamation asking that person to appear, but the person does not appear at the specified place and time, the court can conduct an inquiry and, if satisfied, declare that person a “proclaimed offender.”
Q8. What is the punishment for nonappearance in response to a proclamation?
Under Section 209 of the Bharatiya Nyaya Sanhita, 2023 whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
Q9. What conditions must be satisfied before an order of attachment can be issued?
The procedure laid down under Section 85 has to be followed strictly. Jurisdiction to pass attachment order cannot be assumed unless a proclamation under Section 84 has been issued. The normal rule is that the court has to wait until the expiry of 30 days, to enable the accused to appear in terms of proclamation.
Q10. What types of property can be attached under the provisions relating to proclaimed persons?
The BNSS permits attachment of movable or immovable property belonging to the proclaimed person, subject to the statutory procedure and restrictions.
Q11. What procedure must be followed for the attachment of movable and immovable property?
The Court may order attachment through prescribed methods, including seizure, appointment of a receiver, or other methods that the Court deems fit depending upon the nature of the property.
Q12. What happens when a person proclaimed under the BNSS voluntarily appears before the Court?
Under Section 88(1) BNSS, if the proclaimed person voluntarily appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.
Q13. What is the time limit for a person other than the proclaimed person to file a claim or objection against the attachment of property in which they have a legal interest?
Under Section 87(1) BNSS, when the court attaches the property of a proclaimed person, any other person who believes that they have a legal interest in that property can file a claim or objection against the attachment within six months from the date of attachment.
Q14. What remedy is available under Section 87(4) of the BNSS when a person’s claim or objection to attached property is rejected wholly or partly by the court?
Under Section 87(4) BNSS, if a person’s claim or objection to attached property is rejected completely or partly by the court, that person has the right to file a civil suit within one year from the date of the court’s order to prove that they actually have a legal right or interest in that property.
Q15. What is the effect of the court’s order on the attached property until the civil suit is decided, and what happens if the civil court decides in favour of the claimant?
Under Section 87(4) BNSS, until the civil court decides the matter, the original court’s order will be treated as final and binding. However, if the person files a suit within the one-year period and the civil court decides in their favour, the result of that suit will determine what happens to the property.
Q16. Under what circumstances can the attached property be released or restored to the person claiming it?
Under Section 88(3) BNSS, a person whose property has been attached may establish that he was not deliberately evading the process or that he has a valid claim, as permitted by the BNSS, and the Court may release or restore the property accordingly.
Q17. What safeguards are provided to protect the property of a person against whom attachment proceedings are initiated?
Sections 87 and 88 BNSS provide procedures for claims, objections and restoration/release of property, thereby giving affected persons an opportunity to establish their lawful interest.
Q18. What is the role of the Court in ensuring that the process of compelling appearance is not used arbitrarily?
The Court must satisfy the statutory conditions and follow the prescribed procedure before issuing warrants, proclamations or attachment orders.
Q19. How do summons, warrants, proclamation and attachment operate as successive measures to secure a person’s appearance?
Generally, the process progresses from summons → warrant → proclamation → attachment, with stronger measures being used when the person continues to evade the Court’s process.
Q20. What is the objective of the provisions relating to processes to compel appearance under the BNSS?
The objective of the provisions relating to processes to compel appearance under the BNSS is to ensure that a person who is required to appear before a court actually appears and participates in the legal proceedings. These provisions provide the court with lawful methods, such as summons, warrants, proclamation, and attachment of property, to compel the appearance of an accused or other person who avoids or fails to appear before the court.
Related Topics:
- Summons and Its Service (S. 63 to 71)
- Warrant of Arrest (Ss. 72 to 79)
- Execution of Warrant Outside Jurisdiction (Ss. 80 to 83)
- Proclamation and attachment (Ss. 84-89)
- Other rules regarding processes (Ss. 90-93)