Under Section 7(1)(a) of the Prevention of Black-marketing and Maintenance of Supplies of Essential…
Section 7(1)(a) applies the criminal procedure provisions on proclamation of absconders and attachment of their property (formerly ss.82-85 of the Code of Criminal…
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Under Section 7(1)(a) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980, once a written report is made to the Magistrate that a person against whom a detention order has been made has absconded or is concealing himself, which provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 apply to that person and his property as if the detention order were a warrant issued by the Magistrate?
Answer and explanation
Correct answer C
Section 7(1)(a) applies the criminal procedure provisions on proclamation of absconders and attachment of their property (formerly ss.82-85 of the Code of Criminal Procedure, 1973). That Code has been repealed and re-enacted by the Bharatiya Nagarik Suraksha Sanhita, 2023 (s.531), so under s.8 of the General Clauses Act, 1897 the reference is now to the corresponding BNSS provisions: s.84 (proclamation for person absconding), s.85 (attachment of property of person absconding), s.87 (claims and objections to attachment) and s.88 (release, sale and restoration of attached property). The numbers do not simply shift by two because the BNSS inserts a new s.86 on seeking a contracting State's assistance to attach a proclaimed person's property. Sections 35-38 deal with arrest without warrant and connected safeguards, ss.72-75 with warrants of arrest, and ss.94-97 with summons to produce and search warrants.