Appeal from order rejecting application for restoration of attachedproperty
Section 86 of the Code of Criminal Procedure, 1973 deals with appeal from order rejecting application for restoration of attachedproperty. Appeal from order rejecting application for restoration of attached property. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Appeal from order rejecting application for restoration of attached property. Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.
D.-Other rules regarding processes
Section 86, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 89 Appeal from order rejecting application for restoration of attached property Close, with changes 76%
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 The repealed enactment still governs what happened while it was in force.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
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.
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Subhash vs State
Court's Decision & Legal Precedent
Once an absconding accused appears before the court and faces trial, the purpose of property attachment under Section 82 CrPC is achieved and the attached property must be released, regardless of whether the application for release is technically time-barred under Section 85(3) CrPC, particularly when the accused was genuinely unaware of the proceedings due to being out of the country. The purpose of Section 82 CrPC is limited to securing the attendance of the accused, not to punish him or permanently deprive him of property. Once this purpose is achieved through the accused's appearance and trial, substantive justice requires that the property be restored to the accused, even if he has been acquitted.
On this section: Criminal appeal. This section provides the jurisdiction for the High Court to hear appeals against orders of trial courts in criminal matters.
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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 appeal from order rejecting application for restoration of attached property; cited as the appellate remedy available to the petitioner
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.
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… This has to be followed by the issuance of a notification in the official gazette directing the absconding person to appear before such officer, with place and time specified therein. 6. The second procedure to be followed is invoking provisions of Section 82, 83, 84, 85 and 86 of the Code of Criminal Procedure, the provisions in relation to proclamation and attachment of property of the person absconding. 7. We note that in this case, first set of procedure have been followed by the detention authority. Now the question is regarding the second set of procedure as referable under the …
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… (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order. (2) On making a report against any person under clause (a) of sub-section (1), the provisions of Sections 82,83,84,85 and 86 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and his property as if the detention order made against him is a warrant issued by the Magistrate. (3) If any person fails to comply with an order issued under clause (b) of sub-section (1), he shall, unless he proves that …
Questions about Section 86
What have the courts held on Section 86 of the Code of Criminal Procedure?
Subhash vs State (24 Apr 2017) is the leading judgment on this section among those set out below: Criminal appeal. This section provides the jurisdiction for the High Court to hear appeals against orders of trial courts in criminal matters. Another 1 judgment on this section is set out below. They run from 2016 to 2017.
How do I find court cases under Section 86 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 86, section 86 CRPC, section 86 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 Subhash vs State (24 Apr 2017).
What should I read with Section 86 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 85 (Release, sale and restoration of attached property), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 89 (Appeal from order rejecting application for restoration of attached property), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 86 of the Code of Criminal Procedure come into force?
Section 86 of the Code of Criminal Procedure, cited as CRPC 86, 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
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