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Attachment of the property of a person absconding under Section 85 of the Bharatiya Nagarik Suraksha…

Section 85(1) permits the court, for reasons recorded in writing, to order attachment after issuing the proclamation under section 84. The proviso also permits simultaneous…

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Attachment of the property of a person absconding under Section 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023:

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Answer and explanation

Correct answer C

Section 85(1) permits the court, for reasons recorded in writing, to order attachment after issuing the proclamation under section 84. The proviso also permits simultaneous attachment if, at the time of issue, the court is satisfied by affidavit or otherwise that the person is about to dispose of any of the property or remove any of it from the court’s local jurisdiction.

Option feedback

Option A

Incorrect. Attachment is not restricted to after publication; under Section 85(1) BNSS it may be ordered at any time after the issue of the proclamation, or simultaneously with its issue under the Proviso.

Option B

Incorrect. Attachment under Section 85(1) BNSS cannot precede the issue of a proclamation under Section 84 BNSS; at the earliest, it may be ordered simultaneously with the issue of the proclamation.

Option C

The proviso to section 85(1) allows simultaneous attachment if the court is satisfied by affidavit or otherwise that the person is about to dispose of all or part of the property or remove all or part of it from the court’s local jurisdiction.

Option D

Incorrect. Only the statement regarding simultaneous issue with the proclamation under the Proviso to Section 85(1) BNSS is accurate.

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