CrPC Section 83 – Attachment Of Property Of Person Absconding

Section 83 of the Criminal Procedure Code (CrPC) is a significant provision that empowers courts to attach the property of proclaimed offenders. This legal measure prevents absconding individuals from disposing of their assets to evade justice. The section ensures that movable and immovable properties remain accessible for legal proceedings, maintaining the integrity of the judicial process.

Simplified Explanation Of Section 83 Of CrPC

CrPC Section 83 empowers a court to attach the property of a proclaimed offender (a person against whom a proclamation under Section 82 has been issued). If the court has reason to believe that the person is absconding to avoid execution of a warrant or that they are about to dispose of their property to prevent its seizure, it may order the attachment of their movable or immovable property.

The attachment can be effected through various methods, including seizure, appointment of a receiver, or by prohibiting the transfer or encumbrance of the property. While the attachment order is initially effective within the court's local jurisdiction, it can be extended to other districts with the endorsement of the District Magistrate of that other district.

Significance Of Section 83 Of CrPC

This provision empowers a magistrate to issue an order for the attachment of property. The aim is to prevent the accused from disposing of or altering their assets during ongoing investigations or legal proceedings.

Essentially, it serves as a protective measure, safeguarding the interests of the prosecution and ensuring that justice prevails.

Moreover, this section helps to maintain the integrity of the judicial process. By restricting the accused’s ability to manipulate their property, it fosters a sense of fairness. Consequently, victims or aggrieved parties may feel more secure, knowing that the accused cannot easily escape liability.

Key Terms Of Section 83 Of CrPC

Understanding Section 83 of the Code of Criminal Procedure (CrPC) requires familiarity with several key terms that define its scope and application.

Attachment

This refers to the legal process of seizing or securing property to prevent its transfer or disposal. It ensures that the property remains available for potential legal claims.

Property

The term encompasses both movable and immovable assets. This includes cash, vehicles, land, and any valuable items that might be relevant to the case.

Magistrate

A judicial officer authorized to issue orders related to the attachment of property. Their role is pivotal in determining when and how property should be attached.

Accused

The individual against whom legal action is being taken. Their ability to manage or dispose of property may be restricted to prevent evasion of justice.

Non-Accused Party

This refers to individuals or entities who own property that may be attached but are not directly involved in the case. Their rights can be impacted by the attachment order.

Legal Proceedings

This term encompasses any court actions or investigations that might lead to a conviction or legal accountability.

Prevention

The primary goal of Section 83 is to thwart any attempts by the accused to manipulate or hide assets during the legal process.

Key Details Of Section 83 Of CrPC

Properties Which Are Attached Of Person Absconding

As per Section 83 of the Criminal Procedure Code (CrPC), the following types of properties can be attached:

Movable Property

This includes items such as cash, vehicles, goods, and any other personal property. The attachment can be executed through:

• Seizure of the property.
• Appointment of a receiver to manage the property.
• Issuing a written order prohibiting the delivery of the property to the absconding person or anyone on their behalf.

Immovable Property

This refers to immovable property (land and buildings), belonging to a proclaimed offender. The attachment can be effected through the following methods:

• Actual Seizure: Taking physical possession of the property by the authorized officer.
• Appointment of a Receiver: The court can appoint a receiver to manage the property, collect rents and profits, and preserve it pending further orders.
• Prohibitory Order: The court can issue a prohibitory order restraining the payment of rent or delivery of possession of the property to the proclaimed offender or any person on their behalf.

Special Cases

If the property consists of livestock or is perishable in nature, the court may order an immediate sale of such property, with the proceeds held pending further court orders.

Case Laws For Section 83 Of CrPC

Following are the relevant case laws of Section 83 of CrPC:

Srikant Upadhyay & Ors. v. State of Bihar & Anr. (Criminal Appeal No. 1552 of 2024)

In this case, the Supreme Court addressed the validity of actions taken under Section 83 of the CrPC concerning the attachment of property of absconding individuals. The court ruled that the pendency of an anticipatory bail application does not prevent the trial court from issuing a proclamation under Section 82 or initiating steps under Section 83, especially when the accused persistently evades legal processes. The court emphasized that the consistent non-compliance of the appellants justified the invocation of Section 83 to attach their properties, reinforcing the principle that absconders cannot claim legal protections while avoiding court orders.

Moideen S/O. Ahammedkutty vs The Sub Inspector Of Police 2010 (3) KLT 663

In this judgement, the Kerala High Court did not directly address Section 83 of the CrPC, as the case primarily focused on the violation of the Kerala Food Grains Dealers' Licensing Order and the Essential Commodities Act. However, the principles underlying Section 83, which allows for the attachment of property of absconding individuals, can be inferred in the context of Moideen's case. The court upheld the conviction based on the evidence that Moideen was in possession of unlicensed food grains and was conducting business without a license, indicating that legal actions can be taken against individuals evading compliance with regulatory laws, similar to how Section 83 aims to prevent absconders from disposing of their property to evade justice.

Conclusion

CrPC Section 83 is a vital tool for upholding justice by safeguarding assets from absconders and ensuring accountability. It provides courts with the authority to secure properties through attachment, enabling a fair resolution of legal matters. By effectively implementing this provision, the judicial system reinforces its commitment to justice and the rule of law.

FAQs

A few FAQs based on Section 83 of CrPC are:

Q1. What types of property can be attached under Section 83?

Both movable (e.g., cash, vehicles) and immovable property (e.g., land, buildings) of the proclaimed offender can be attached under Section 83.

Q2. How is property attached under Section 83?

Property can be attached through seizure, appointment of a receiver, or issuance of prohibitory orders to prevent transfer, disposal, or encumbrance.

Q3. Can Section 83 orders extend beyond a court’s jurisdiction?

Yes, attachment orders can be extended to other districts with the endorsement of the District Magistrate of the respective district.