Can a property be attached under Section 82?
Asked by: Cydney Batz MD | Last update: April 27, 2026Score: 4.1/5 (25 votes)
Yes, property can be attached, but not directly under Section 82 itself; rather, it's Section 83 of the Code of Criminal Procedure (CrPC) that allows a court to order the attachment of a person's property after a Section 82 proclamation (to declare them a proclaimed offender), allowing the court to seize assets (movable or immovable) to compel their appearance in court. The attachment order under Section 83 can be issued alongside the proclamation if the person is suspected of disposing of property, and it applies to property within or outside the district, with proper endorsements.
Under which circumstances can a court issue an order for the attachment of property of a person absconding?
Description
- by seizure; or.
- by the appointment of a receiver; or.
- by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or.
- by all or any two of such methods, as the Court thinks fit.
What is Section 82 of the Transfer of property Act?
Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after ...
What is the difference between section 82 and 83?
Section 82 states that nothing is an offense for a child under 10 years of age. Section 83 specifies that nothing is an offense for a child between 10 and 12 years old who does not have sufficient maturity to understand their actions.
What are the rules regarding proclamation and attachment?
The court may publish a written proclamation requiring the accused to appear before the court and may attach his property. If the accused fails to appear after the proclamation as well, the court may also attach the property of the accused, and the property will be at the State Government's disposal.
can a property belonging to the parents of absconding accused be attached?#judgment#judiciary#crpc
What is the process of attachment of property?
In summary, attachment of property in execution proceedings is a process used to satisfy a judgment and can be a powerful tool for creditors to enforce a judgment against a judgment debtor. The process starts with the creditor obtaining a writ of execution from the court and then serving the writ on the debtor.
What is the Supreme court Judgement on Section 82 CrPC?
In a groundbreaking judgment, the Hon'ble Supreme Court, on November 12, 2024, has held that the grant of anticipatory bail is not automatically barred even when the applicant is declared as a proclaimed offender under Section 82 of the Code of Criminal Procedure (“CrPC”).
What is a proclamation under Section 82?
If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specific place and at a ...
What is section 83 property?
Section 83(a) provides that if, in connection with the performance of services, property is transferred to any person other than the person for whom such services are performed, the excess of the fair market value of the property at the first time that the rights to the property are either transferable or not subject ...
What is the burden of proof for doli incapax?
The presumption of doli incapax is a presumption that can be rebutted by the prosecution calling evidence. In addition to proving the elements of the offence, the onus is on the prosecution to prove beyond reasonable doubt that the child knew that what they did was seriously wrong, as distinct from mere mischief.
What is the best way to transfer property between family members?
The best way to transfer property title to family involves choosing the right deed (like a Quitclaim Deed for speed/simplicity or a Warranty Deed for protection), but it's crucial to consult professionals to navigate mortgage clauses (due-on-sale), tax implications (gift, capital gains), and ensure legal compliance, often with guidance from a real estate attorney for complex situations like adding conditions or trusts.
What kind of property can be transferred?
Property of 'Any Kind' May Be Transferred. The Transfer of Property Act, 1882 (hereinafter, the Act) [1] is a civil legislation of immense importance owing to the vast number of property related transactions taking place throughout the country.
When property is transferred without the permission of the owner?
Key Elements of Adverse Possession Under California Law
Exclusive Possession: The individual claiming they have the right of ownership must possess the property exclusively, meaning it cannot be shared with the public or the true owner. Hostile Possession: This means possession without the legal owner's permission.
What does it mean for a court to attach property?
Attached property is property that has been seized pursuant to a court order, either as a provisional pre-judgment remedy or for the enforcement of a final judgment. Property may be attached only after the commencement of a lawsuit.
What is section 82 notice?
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a ...
Can an ex parte order be set aside?
When a defendant presents sufficient cause before the court for non-appearance the ex-parte decree can be set aside. Once the court accepts the defendant's reason, it will set aside the decree.
Do I need a lawyer for an 83-B election?
Instructions for Filing a Section 83(b) Election
Other purchasers, including corporate or trust purchasers, should contact legal and tax professionals licensed in their jurisdiction. Please note that the election must be filed with the IRS within 30 days of the date of your restricted stock grant.
What is section 82B?
The new provision under Section 82B of the ITA 1967 has provided that taxpayers who submit a Return Form under Section 77 or 77A of the ITA 1967 must provide information and submit documents specified by the DGIR to determine taxable income electronically within 30 days after the deadline for submission of the Return ...
What is Section 84 of the Transfer of property Act?
Section 84 of TPA : Section 84: Cessation Of Interest
Provided that, where the mortgagor has deposited such amount without having made a previous tender thereof and has subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable from the date of such withdrawal.
What is the landmark Judgement on Section 82 of the CrPC?
Aryan Deshmukh. The Supreme Court, in a landmark decision (Asha Dubey v. State of Madhya Pradesh), has ruled that being declared a proclaimed offender under Section 82 of the CrPC does not preclude the right of a person to seek anticipatory bail.
What is the proclamation and attachment of property?
If a court issues a proclamation (under section 84) declaring someone as a proclaimed offender, it can also order the attachment (seizure) of that person's property — movable (like vehicles, jewelry) or immovable (like land, buildings) — at any time after the proclamation, but the court must explain its reasons in ...
What is the new section 82 of CrPC?
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has ...
What is the purpose of Section 82 CrPC?
The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn.
Is Section 82 CrPC bailable or non-bailable?
The first category of cases holds that once an accused has been declared a proclaimed offender under Section 82 CrPC (or Section 84 BNSS), he is not entitled to the relief of anticipatory bail.
Can accused who absconded be prosecuted?
Accused Who Absconded Can Be Prosecuted Under S. 174A IPC Even If Proclamation Under S. 82 CrPC Is Extinguished : Supreme Court.