CRPC §86BNSS §88

Appeal from order rejecting application for restoration of attached property. D.–Other rules regarding processes

Substantively sameConfidence: mediumStatus: cross checkedscope drift(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §86
Appeal from order rejecting application for restoration of attached property. D.–Other rules regarding processes

86. 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

New law
BNSS §88
and attached property.

88.

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Identification and attachment of property of proclaimed person. Claims and objections to attachment. Release, sale and restoration of attached property. Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

What changedAI-inferred

Release, sale and restoration of attached property.

Old position

CrPC 86 is concerned with Appeal from order rejecting application for restoration of attached property. D.–Other rules regarding processes. Appeal from order rejecting application for restoration of attached property

New position

BNSS 88 preserves the framework with drafting modernisations as required by the new code. Topic: and attached property.. If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment

BNSS 88 (and attached property.) preserves the framework of CrPC 86. BNSS 88 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 88 text: If the proclaimed person appears within the time specified...

Editorial deltaAI-indicated (source-linked)

BNSS 88 (and attached property.) preserves the framework of CrPC 86. BNSS 88 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 88 text: If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 86 continues to apply. For matters from that date forward, BNSS 88 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 88 (and attached property.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §86 → BNSS §88 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/86.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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