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TypeBare Act JurisdictionCentral Government

Code of Criminal Procedure, 1973 Section 85

Release, Sale and Restoration of Attached Property

~2 min read
https://sooperkanoon.com/act/6987

Bare act section · Research

About this section

Code of Criminal Procedure, 1973 Section 85 is part of Code of Criminal Procedure, 1973 - Release, Sale and Restoration of Attached Property. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(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 cither of which oases 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 sate, 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.

Frequently asked questions

What does Code of Criminal Procedure, 1973 Section 85 provide?

Section Section 85 of the Code of Criminal Procedure, 1973 (Release, Sale and Restoration of Attached Property) is reproduced on this page as part of the Code of Criminal Procedure, 1973. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Code of Criminal Procedure, 1973 Section 85?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Code of Criminal Procedure, 1973 Section 85. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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