# Proclaimed offender? Your property can be attached.

> It will not wait. Under section 87 CrPC a Court that has issued a warrant can, after taking evidence that the person is absconding, publish a proclamation giving at least thirty days to appear. Under section 88 it can then attach his property, movable or immovable, at any time.

- Topic: Courts and procedure
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/proclaimed-offender-your-property-can-be-attached
- Published by FAI Legal on 2026-10-22

## 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))

## Published three ways.

Section 87(2), CrPC.

- **Read out** Publicly, in a conspicuous place of his town or village.
- **On his house** Fixed to a conspicuous part of the house where he lives.
- **At the court** A copy fixed to the Court-house.

## Two things come first.

Before any proclamation.

- **A warrant** A warrant must already have been issued by that Court.
- **Evidence** The Court must be satisfied, after evidence, that he is absconding or hiding.
- **30 days** He gets at least thirty days from publication to appear.

## Then the property.

Section 88, CrPC.

- **Any time** The Court may order attachment at any time after the proclamation (s.88(1)).
- **Movables** By seizure, a receiver, or an order stopping delivery to him (s.88(3)).
- **Land** By 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 months** Anyone other than the proclaimed person may claim an interest within six months of attachment.
- **If refused** A civil suit within one year of that order (s.88(6-D)).

## Appear and get it back.

Sections 88 and 89, CrPC.

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

## What courts have said.

Reported headnotes.

- **2001 PLD 211** A warrant is a precondition for proceedings under ss.87 and 88 (Sindh High Court).
- **1973 PLD 135** Mere 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?**

## Sources

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

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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