In Kumaran v. Muriyad Service Co-operative Bank (Kerala High Court, 22 March 2010), what happened to…
The court held that the section 83 attachment could not survive the accused's death and ordered it lifted: "The attachment ended on the accused's death." It rejected the…
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In Kumaran v. Muriyad Service Co-operative Bank (Kerala High Court, 22 March 2010), what happened to the attachment under former CrPC section 83 (now section 85 of the BNSS) after the absconding accused died?
Answer and explanation
Correct answer A
The court held that the section 83 attachment could not survive the accused's death and ordered it lifted: "The attachment ended on the accused's death." It rejected the refusal based on the purchaser acquiring the property during attachment; the ruling concerns the criminal-process attachment, rather than extinguishing a separate civil debt.
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