Property Where Accused Resides But Does Not Own, Including Rented Premises, Can't Be Attached U/S 83 CrPC: Allahabad HC
Live LawThe Allahabad High Court recently clarified that under Section 83 of the CrPC CrPC, only property directly belonging to an accused or owned by him can be attached. The Court further clarified that a prerequisite for issuing an order under Section 83 CrPC is the finding, even if only prima facie, that the property in question belongs to the accused. Subsequently, an order under Section 83 CrPC was passed by the Court whereby the property of the appellant herein was attached, on the grounds that Abbas was living in the said house As the house belongs to the appellant, he filed his objections under Section 84 CrPC, specifically pointing out that he is the sole owner of the house and that his son has nothing to do with it. High Court's observations Perusing the mandate of Section 82 and 83 of CrPC, the Court, at the outset, noted that a court, while issuing a proclamation under Section 82 CrPC, for reasons to be recorded in writing, at any time after issuing of the proclamation, order of the attachment of any property movable or immovable, or both, belonging to the proclaimed person.
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