How to Compel any Person to Appear in the Court Modes of Compel Appearance of Any Person By Attachment of Property

 Attachment of Property

How to Compel any Person to Appear in the Court Modes of Compel Appearance of Any Person By Attachment of Property

1- Introduction

An other mode of compel the appearance of accused person before the court is attachment of property of the abscond. This mode to compel a person is entertain after Proclamation expiry date.

2- Relevant Provisions

Section 88 and 89 of CrPC

3-Attachment of Property

The accused person who abscond or not appeared in the court then court may attach that accused property after Proclamation expiry date as Following,

I- Time of Attachment of Property

Property of proclaimed person can be attached at any time after proclamation

II- Property to be Attach

Any property maybe attached such as movable, immovable, any right or interest

III- Competency of Court regarding attachment

The court must be competent to attach the property,

A)- Property situated within district

The court issuing proclamation will be competent court to make an order for attachment of property

B)- Property situated outside of district

Where the property is situated out of the district, the court of session is competent court to make an order for attachment

IV- Modes of Attachment of property

Following are the modes of attachment of property,

A)- Movable property or Debts

A movable property or debt maybe attached in the following ways,

                     By  seizer

                     By appointment of receiver

                     By prohibiting sale or delivering

                     By all or any of said modes

B)- Attachment of Immovable property

An immovable property maybe attached in following ways,

If the land revenue is paid of such land then attachment shall be made through district officer of revenue in which land is situate

Where land revenue is not paid

                      By taking possession

                      By appointment of receiver 

                      By order of prohibiting of sale or delivering

                      By all or any of such method

C)- Perishable nature property

If the property sought to be attached consist of live stock or of perishable nature, the court may order for immovable sale

V- Claims and Objections

The clams and objections are to be made by any person interested in property other than the proclaimed offender within six months from the attachment of property

VI- Release of property

Where accused appear within time specified before the court, the court shall release property of the absconder

VII- Disposal of property

Where proclaimed offender does not appear within time specified time period, the property shall be sold not before the expiry of the date of six months from order of attachment

4- Restoration of Property

Property can be restore from the court who attached,

A)- Appearance of the accused

If the accused appear within Two year from the date of attachement and satisfied the court, the property shall be restore

B)- Satisfaction of the court

The accused has to be satisfy the court that he has not abscond or concealed himself for the purpose of avoiding execution of warrant and he had no such notice of proclamation receive as to enable himn to attend the court within specified time.

5- Conclusion