85
85
Release, sale and restoration of attached property
Code of Criminal Procedure, 1973
Chapter VI Processes to Compel Appearance
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsAttachmentPropertyReleaseSaleLegal Procedure
🗣️ Simple Explanation
What does this law say?
Section 85 of the CrPC explains what happens to attached property. If the person who was hiding appears in court within the time given, the property is returned. If they don't appear, the government can take control of the property.
Why does this law exist?
This law ensures fairness in dealing with attached property. It protects the rights of the person who was hiding and any other claimants.
Real-life impact
If your property is attached because you were hiding, and you appear in court on time, it will be returned. If you don't appear, the government can take control of it.
What happens if you break this law?
This section itself doesn't define a crime. It's a procedure. If you don't appear in court, the government can take control of your property. The punishment depends on the original crime.
💡 Real Life Example
Rahul was hiding and his house was attached. He appears in court within the time. The court orders the release of his property under Section 85. He avoids further legal action.
Priya was hiding and her car was attached. She doesn't appear in court. The government takes control of her car under Section 85. She may lose her car and face legal consequences.
🛡️ KNOW YOUR RIGHTS
- •Appear in court on time.
- •Claim your property if you appear.
- •Provide proof of your claim.
- •Seek legal advice.
- •Understand the government's actions.
❓ FREQUENTLY ASKED QUESTIONS
Section 85 of the CrPC deals with what happens to attached property. If the person who was hiding appears in court on time, the property is returned. If they don't appear, the government can take control of the property. The section also deals with the sale and restoration of the property.
Section 85 itself doesn't specify a punishment. It's a procedure. The punishment depends on the original crime. If you don't appear in court, the government can take control of your property. The court will decide on the punishment based on the crime.
Whether the original offense is bailable or not determines if you can get bail. If the original crime is bailable, you may be able to get bail. If the original crime is non-bailable, you may not get bail. The court will decide based on the crime.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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