Release, sale and restoration of attached property.

What this section does

If the proclaimed person appears within the time specified in the proclamation, the Court shall release the attached property. If the person does not appear, the property comes under the disposal of the State Government but cannot be sold for six months from attachment or until claims under section 87 are disposed of, unless perishable. If within two years of attachment the person appears or is brought before the Court and proves he did not abscond to avoid the warrant and had no notice of the proclamation, the property or its net sale proceeds (after deducting attachment costs) shall be returned to him.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Court · Proclaimed person · State Government

Time limit

Property cannot be sold for 6 months from attachment (unless perishable); person has 2 years from attachment to appear and claim restoration

Derived from CrPC s.85.