Claims and objections to attachment
Section 84 of the Code of Criminal Procedure, 1973 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 83, 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, 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 83, 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 83, 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 84, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 87 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.
-
Sangeeta Devi vs State of U.p.
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
-
Chandra Kanta Bartar vs State of Uttarakhand
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… However, fact remains property attached are belonging to both the accused admittedly and therefore, merely because the petitioner who is the first accused is acquitted and the case is split up, the attachment cannot be released. However, there is a clear remedy available to the petitioner under section 84 of the Code of Criminal Procedure to make a claim to his share of the property. 2. If that being the situation, I am of the considered opinion that, there are no arbitrariness or illegality on the part of the respondents in not lifting the attachment already issued by the court under sections 82 and 83 of Cr.P.C. …
Questions about Section 84
What have the courts held on Section 84 of the Code of Criminal Procedure?
Sangeeta Devi vs State of U.p. (02 Jun 2022) is the leading judgment on this section among those set out below: Objection to seizure of property; the applicant filed objection under this section on 03.09.2021 which remained undecided. Another 1 judgment on this section is set out below. They run from 2016 to 2022.
How do I find court cases under Section 84 of the Code of Criminal Procedure?
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: CRPC 84, section 84 CRPC, section 84 of the Code of Criminal Procedure. 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 Sangeeta Devi vs State of U.p. (02 Jun 2022).
What should I read with Section 84 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 83 (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. For anything done on or after 1 July 2024 the provision to read is BNSS 87 (Claims and objections to attachment), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 84 of the Code of Criminal Procedure come into force?
Section 84 of the Code of Criminal Procedure, cited as CRPC 84, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.