Proclaimed offender? Your property can be attached.

Myth or fact?

What people often think.

• Myth: If I stay out of reach, the case just waits for me.
• Fact: The Court can publish a proclamation and attach your property, movable or immovable (CrPC ss.87, 88).

The law.

Section 87(1), CrPC.

“If any Court is satisfied after taking evidence that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.”

Code of Criminal Procedure, 1898 · Section 87(1), Proclamation for person absconding

Published three ways.

Section 87(2), CrPC.

• Read outPublicly, in a conspicuous place of his town or village.
• On his houseFixed to a conspicuous part of the house where he lives.
• At the courtA copy fixed to the Court-house.

Two things come first.

Before any proclamation.

• A warrantA warrant must already have been issued by that Court.
• EvidenceThe Court must be satisfied, after evidence, that he is absconding or hiding.
• 30 daysHe gets at least thirty days from publication to appear.

Then the property.

Section 88, CrPC.

• Any timeThe Court may order attachment at any time after the proclamation (s.88(1)).
• MovablesBy seizure, a receiver, or an order stopping delivery to him (s.88(3)).
• LandBy taking possession, a receiver, or stopping rent (s.88(4)).

Quick quiz. The family house.

Guess first, then swipe for the answer.

• A. Nothing at all
• B. Object within 6 months
• C. Wait 5 years

Answer: B. Section 88(6-A).

Claims by other people.

• 6 monthsAnyone other than the proclaimed person may claim an interest within six months of attachment.
• If refusedA civil suit within one year of that order (s.88(6-D)).

Appear and get it back.

Sections 88 and 89, CrPC.

• In timeIf he appears within the time set, the property is released (s.88(6-E)).
• Too lateIt is at the Government's disposal, but not sold for six months (s.88(7)).
• Within 2 yearsReturned if he proves he did not abscond and had no notice (s.89).

What courts have said.

Reported headnotes.

• 2001 PLD 211A warrant is a precondition for proceedings under ss.87 and 88 (Sindh High Court).
• 1973 PLD 135Mere absence does not prove absconding. Due proclamation must be proved (Peshawar High Court).

A notice on the door?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A proclamation was pasted on my cousin's door. What happens next?
• How can attached property be released under section 88 CrPC?

Example questions

Sources

• Code of Criminal Procedure, 1898 · Section 87(1)
  Proclamation for person absconding Pakistan Code