Section 88 in The Code of Criminal Procedure, 1989 (1933 A. D.)
88. Attachment of property of person absconding.
(1)The Court issuing a proclamation under section 87 may at any time order the attachment of any property, movable or immovable, or both belonging to the proclaimed person.(2)Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate [or Chief Judicial Magistrate] [Words 'of Chief Judicial Magistrate' inserted by Act XL of 1966.] within whose district such property is situate.(3)If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-(a)by seizure ; or(b)by the appointment of receiver ; or(c)by an order in writing prohibiting the delivery of such property to the proclaimed person or to anyone on his behalf ; or(d)by all or any two of such methods, as the Court thinks fit.(4)If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to Government, be made through the Collector of the district in which the land is situate, and in all other cases-(a)by taking possession ; or(b)by the appointment of a receiver ; or(c)by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to anyone on his behalf ; or(d)by all or any two of such methods, as the Court think fit.(5)If the property ordered to be attached consists of livestock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.(6)The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under order XL of the Code of Civil Procedure.(6-a) If any claim is preferred to, or objection made to the attachment of, any property attached under this section within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may, be allowed or disallowed in whole or in part :Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.(6-b) Claims or objections under sub-section (6-a) may be preferred or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a District Magistrate [or Chief Judicial Magistrate] [Inserted by Act XL of 1966.] in accordance with the provisions of sub-section (2), in the Court of such Magistrate.(6-c) Every such claim or objection shall be inquired into by the Court in which it is preferred or made :[Provided that if it is preferred or made in the Court of a District Magistrate, or any other Executive Magistrate, such Magistrate shall refer it to the Chief Judicial Magistrate who shall either dispose it of himself orjnake it over for disposal to any Judicial Magistrate of the first class subordinate to him, and such Judicial Magistrate shall have all the powers and jurisdiction in respect of such claim or objection as. ,.if the order of attachment had been issued by such Judicial Magistrate and the claim or objection had been originally preferred or made before him.] [Proviso to sub-section (6-c) substituted Act XL of 1966.](6-d) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6-a) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute ; but subject to the result of such suit, if any, the order shall be conclusive.(6-e) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.(7)If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of 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 sub-section (6-a) has been disposed of under that sub-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 either of which cases the Court may cause it to be sold whenever it thinks fit.
