Claims and objections to attachment
Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with claims and objections to attachment. If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, 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 suc The Act came into force on 01 Jul 2024.
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, 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 section 85, 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.
(2) Claims or objections under sub-section (1) 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 under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) 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 Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) 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.
Section 87, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 84 Claims and objections to attachment Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Chandra Kanta Bartar vs State of Uttarakhand
Decided under Code of Criminal Procedure 84, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When statutory remedies are available under the Criminal Procedure Code for challenging attachment of property (Sections 84, 85, and 86), a writ petition under Article 226 is not the appropriate remedy, and the petitioner must first exhaust these statutory remedies before approaching the High Court through writ jurisdiction.
On this section: Provides for claims and objections to attachment to be filed before the Magistrate; cited as the proper forum for challenging attachment
-
Sangeeta Devi vs State of U.p.
Decided under Code of Criminal Procedure 84, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court, exercising its inherent powers under Section 482 Cr.P.C., can direct a subordinate criminal court to decide pending objections under Section 84 Cr.P.C. within a specified time frame (preferably two months) to prevent harassment of the accused and secure the ends of justice, particularly when such objections have remained undecided for an unreasonable period.
On this section: Objection to seizure of property; the applicant filed objection under this section on 03.09.2021 which remained undecided
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 87
What have the courts held on Section 87 of the Bharatiya Nagarik Suraksha Sanhita?
Chandra Kanta Bartar vs State of Uttarakhand (18 Nov 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 84, which this section replaced -- the court never mentioned this Act: Provides for claims and objections to attachment to be filed before the Magistrate; cited as the proper forum for challenging attachment. Another 1 judgment on this section is set out below. They run from 2016 to 2022.
How do I find court cases under Section 87 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 87, section 87 BNSS, section 87 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 87 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Chandra Kanta Bartar vs State of Uttarakhand (18 Nov 2016).
What should I read with Section 87 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 85 (Attachment of property of person absconding), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 84 (Claims and objections to attachment), so the judgments decided under that provision are the case law on this one.
When did Section 87 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 87 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 87, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.