Attachment of property of person absconding can be done under Section __________ of Cr. P.C.

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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35.

Attachment of property of person absconding can be done under Section __________ of Cr. P.C.

A: 83

B: 82

C: 85

D: 86

The answer is: A

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Explanation

The correct option is A: 83.

Section 83 of the Code of Criminal Procedure, 1973 (Cr.P.C.) empowers the court to order the attachment of any property, movable or immovable, or both, belonging to a person who has been proclaimed as an absconder under Section 82 of the Cr.P.C. The court can issue such an order for reasons to be recorded in writing, at any time after the issue of the proclamation, or simultaneously with the issue of the proclamation, if the court is satisfied that the person is about to dispose of or remove his property from the local jurisdiction of the court. The attachment of property is a coercive measure to compel the appearance of the absconding person before the court. The procedure and methods of attachment of property are specified in Section 83 of the Cr.P.C.. The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed under the Code of Civil Procedure, 1908.