CrPC 82 vs BNSS 84: Proclamation and Attachment Explained (2026)

In India, Sections 84 to 89 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 82 to 86 of the Code of Criminal Procedure, 1973 (CrPC) on 1 July 2024. The proclamation and attachment procedure is carried over almost word for word, but a proclaimed-offender declaration now reaches any offence punishable with ten years or more, and new Section 86 reaches property abroad.

At a glance

CrPC	BNSS	Subject	Time limits (BNSS text)	Change
82(1)-(3), (5)	84(1)-(3), (5)	Written proclamation; mode of publication; court's statement as conclusive evidence	Appearance "not less than thirty days" from publication	Identical
82(4)	84(4)	Declaration as proclaimed offender	—	Modified (list of 19 IPC sections → any offence punishable with 10 years or more, life or death, under the BNS or any other law)
83	85	Attachment of the proclaimed person's property	—	Minor edit
—	86	Request to a contracting State to identify, attach and forfeit a proclaimed person's property	—	New
84	87	Claims and objections by third parties	Claim within 6 months of attachment; suit within 1 year of the order	Minor edit (cross-references)
85	88	Release, sale and restoration	No sale before 6 months (with exceptions); restoration claim within 2 years	Minor edit
86	89	Appeal against refusal to restore	—	Minor edit (cross-reference)
IPC 174A	BNS 209	Offence of non-appearance	3 years, or fine, or both, or community service; 7 years and fine after a s.84(4) declaration	Modified (community service added); cognizable, non-bailable, Magistrate of the first class in both Schedules

The CrPC sections are procedural and carry no classification of their own. The classification in the last row comes from the First Schedule to each Code.

What changed

Identical — Section 84(1) to (3) and (5). The "reason to believe" trigger, the thirty-day minimum, the modes of publication and the "conclusive evidence" rule are repeated from Section 82.
Modified — Section 84(4). Section 82(4) CrPC applied only to a person accused of an offence punishable under IPC Sections 302, 304, 364, 367, 382, 392 to 400, 402, 436, 449, 459 or 460. Section 84(4) instead applies to a person accused of "an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force". The test is now the punishment, not a list, and it reaches special laws.
Minor edit — Section 85. "section 82" becomes "section 84"; in the proviso to sub-section (1), clause (a) ends with a semicolon instead of a comma, and "it may order the attachment simultaneously" becomes "it may order the attachment of property simultaneously". Sub-sections (2) to (6) are unchanged.
New — Section 86. No provision in CrPC Sections 82 to 86 corresponds to it. The CrPC had a separate Chapter VIIA on reciprocal arrangements; Section 86 now links that machinery, as Chapter VIII of the BNSS, directly to proclaimed persons.
Minor edit — Sections 87 to 89. Cross-references are renumbered (section 83 → 85, section 84 → 87, section 85 → 88). Section 88(3) drops the comma after "State Government". The six-month, one-year and two-year periods are unchanged.
Modified — the linked offence. Section 174A IPC, inserted in 2005 (Act 25 of 2005, s.44, w.e.f. 23 June 2006), is re-enacted as Section 209 BNS with the same three-year and seven-year maxima, and adds "or with community service" to the first limb.

Statutory text (relevant extract)

Section 82(4) CrPC (extract): "Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code … the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender".

Section 84(4) BNSS (extract): "Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear … the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender".

How it works — step by step

1. A warrant must come first. Section 84(1) applies only to "any person against whom a warrant has been issued by it" — the court issuing the proclamation must itself have issued the warrant. The court must have reason to believe that the person has absconded or is concealing himself "so that such warrant cannot be executed".

2. The proclamation is written and must fix a date at least thirty days away. It requires the person "to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation" (Section 84(1)).

3. Publication. Under Section 84(2)(i) the proclamation is publicly read in the person's town or village, affixed to his house or homestead or a conspicuous place of the town or village, and affixed to the Court-house; under Section 84(2)(ii) the court may also direct newspaper publication. The court's written statement of due publication under clause (i) is conclusive evidence (Section 84(3)).

4. Declaration as proclaimed offender — only for the ten-year class. If the person is accused of an offence in the Section 84(4) class and fails to appear, the court may, after such inquiry as it thinks fit, pronounce him a proclaimed offender. Section 84(5) applies the publication rules and the conclusive-evidence rule to that declaration.

5. Attachment can run alongside. Section 85(1) allows attachment "at any time after the issue of the proclamation", for reasons recorded in writing, or simultaneously with it if the person is about to dispose of or remove his property. Property outside the district is reached when the order is endorsed by that district's District Magistrate (Section 85(2)).

6. Methods of attachment. Movables: seizure, a receiver or a prohibitory order (Section 85(3)). Immovables: through the Collector for revenue-paying land, otherwise possession, a receiver or a prohibitory order (Section 85(4)). Livestock and perishables may be sold at once (Section 85(5)).

7. Property abroad. Under Section 86, on a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police, the court may begin a request to a court or authority in a contracting State under Chapter VIII. Section 111(a) defines a contracting State as "any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise".

8. Third-party claims. Any person other than the proclaimed person may claim an interest not liable to attachment "within six months from the date of such attachment" (Section 87(1)), before the attaching court or, for an endorsed order, the Chief Judicial Magistrate of the district of attachment (Section 87(2)). A disallowed claimant may sue "within a period of one year from the date of such order" (Section 87(4)).

9. Release or disposal. If the proclaimed person appears within the time specified, the court "shall" release the property (Section 88(1)). If he does not, the property is at the disposal of the State Government but is not sold until six months from attachment and until any claim is disposed of, unless it is subject to speedy and natural decay or sale would benefit the owner (Section 88(2)).

10. Restoration and appeal. If, within two years from attachment, the person appears or is brought in and proves he did not abscond to avoid the warrant and lacked notice of the proclamation, the property or net sale proceeds are delivered to him after costs (Section 88(3)). A person refused delivery may appeal to the court to which appeals ordinarily lie from the first court's sentences (Section 89).

Section 356 BNSS (trial in absentia of a proclaimed offender) is a separate power; see the scenario page linked below.

What this means in practice

For the accused: the proclamation is not a first step. On a reading of Section 84(1), a proclamation issued without a prior warrant from the same court is open to challenge. Once a proclamation issues, non-appearance is itself an offence under Section 209 BNS, cognizable and non-bailable. The Supreme Court has held that filing an anticipatory bail application through an advocate is not "appearance" before the court (Srikant Upadhyay, para 20).
For the investigating officer: the court, not the police, issues the proclamation; for property abroad, Section 86 needs a written request from an officer of at least Superintendent of Police rank.
For a family member or co-owner whose property is attached: the six-month window in Section 87(1) runs from the date of attachment, not from the date the claimant learns of it.
For defence counsel: check whether the offence charged carries a maximum of ten years or more. If it does not, Section 84(4) does not authorise a proclaimed-offender declaration, although a proclamation under Section 84(1) and attachment under Section 85 remain available.

Judgments that still matter

Sections 84(1)-(3), 85, 87, 88 and 89 BNSS repeat Sections 82 to 86 CrPC apart from the edits listed above. On a reading of the text, judgments construing those words remain relevant. None of the judgments below construes the BNSS provisions.

Prem Shankar Prasad v. State of Bihar & Anr., [2021] 6 S.C.R. 1176 (2021 INSC 658), decided 21 October 2021. The High Court had granted anticipatory bail while noting proceedings under Sections 82 and 83 CrPC only with "be that as it may". The Supreme Court held that this aspect "ought to have been considered by the High Court very seriously and not casually" (para 7.2), quashed and set aside the anticipatory bail order, and allowed two weeks to surrender and seek regular bail (para 9). Why it matters now: on a reading, the same question arises under Section 482 BNSS where proceedings under Sections 84 and 85 are pending.

Srikant Upadhyay & Ors. v. State of Bihar & Anr., [2024] 3 S.C.R. 421 (2024 INSC 202), decided 14 March 2024. The Court treated "prior issuance of warrant of arrest" as the sine qua non of Section 82 (para 10), held that filing an anticipatory bail application through an advocate "would not and could not be treated as appearance before a court" (para 20), and directed that "in the absence of any interim order, pendency of an application for anticipatory bail shall not bar the Trial Court" from proceeding with proclamation and attachment (para 23). It added that "when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power", without removing the power to grant pre-arrest bail "in extreme, exceptional cases" (para 24). The appeal was dismissed (para 26). Why it matters now: each point rests on words Section 84(1) and 85(1) repeat.

Daljit Singh v. State of Haryana & Anr., [2025] 1 S.C.R. 117 (2025 INSC 21), decided 2 January 2025. The Court held that Section 174A IPC "is an independent, substantive offence, that can continue even if the proclamation under Section 82, Cr.P.C. is extinguished" (para 7.3), though proceedings under it "can only be started post the issuance of proclamation" (para 7.3(iii)); a later acquittal of the main offence may be treated as a ground to close it (para 7.3(v)). On the facts, the Court allowed the appeal, set aside the High Court's order, closed all proceedings including the Section 174A FIR, and quashed the appellant's "proclaimed person" status (para 11). Why it matters now: Section 209 BNS repeats the operative words of Section 174A ("fails to appear at the specified place and the specified time as required by a proclamation"), so on a reading of the text the same analysis applies.

Which law applies to your case

Section 531(2)(b) BNSS provides that "proclamations issued" under the CrPC and in force immediately before 1 July 2024 are deemed issued under the corresponding BNSS provisions, and Section 531(2)(a) keeps any pending appeal, application, trial, inquiry or investigation under the CrPC "as if this Sanhita had not come into force". For the non-appearance offence, Section 358(2) BNS preserves liability incurred under the IPC "as if that Code had not been repealed", so on a reading of that text non-appearance before 1 July 2024 is charged under Section 174A IPC. See offence before 1 July 2024: which law applies.

Frequently asked questions

What is the BNSS equivalent of Section 82 CrPC? Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 82 of the Code of Criminal Procedure, 1973 from 1 July 2024. The court may still publish a written proclamation requiring an absconding person to appear at a specified place and time not less than thirty days from publication. Sections 83 to 86 CrPC are now Sections 85, 87, 88 and 89 BNSS, and Section 86 BNSS is new.

Who can be declared a proclaimed offender under Section 84(4) BNSS? A person accused of an offence punishable with imprisonment of ten years or more, or imprisonment for life or with death, under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, who fails to appear as the proclamation requires. The court must first make such inquiry as it thinks fit. Section 82(4) CrPC instead listed nineteen IPC sections, such as 302, 304, 392 and 395.

Can property be attached before a person is declared a proclaimed offender? Yes. Section 85(1) BNSS allows the court that issued a proclamation under Section 84 to order attachment, for reasons recorded in writing, at any time after the proclamation. If the court is satisfied that the person is about to dispose of or remove his property from its jurisdiction, it may order attachment at the same time as the proclamation. Attachment does not depend on a declaration under Section 84(4).

What does the new Section 86 BNSS do? Section 86 BNSS lets the court, on a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police, initiate a request to a court or authority in a contracting State to identify, attach and forfeit property belonging to a proclaimed person. The request follows the procedure in Chapter VIII. Section 111(a) defines a contracting State as a country or place outside India with which the Central Government has an arrangement through a treaty or otherwise.

How can a third party get attached property released? Under Section 87 BNSS, a person other than the proclaimed person may file a claim or objection within six months from the date of attachment, on the ground that he has an interest in the property that is not liable to attachment. If it is disallowed in whole or in part, he may file a suit within one year from the order to establish his right; subject to that suit, the order is conclusive.

Is failing to appear after a proclamation an offence? Yes. Section 209 of the Bharatiya Nyaya Sanhita, 2023 punishes failure to appear as required by a proclamation under Section 84(1) BNSS with imprisonment up to three years, or fine, or both, or community service; if the person has been declared a proclaimed offender under Section 84(4), up to seven years and fine. The BNSS First Schedule classifies both as cognizable, non-bailable and triable by a Magistrate of the first class.

Can a person against whom a proclamation has issued get anticipatory bail? In Srikant Upadhyay v. State of Bihar (2024 INSC 202, para 24) the Supreme Court said that when a warrant of arrest or proclamation is issued the applicant is not entitled to invoke the extraordinary power of anticipatory bail, while leaving the court power to grant it in extreme, exceptional cases. The case was decided under Section 438 CrPC, now Section 482 BNSS.

Which law applies to a proclamation issued before 1 July 2024? Section 531(2)(b) BNSS provides that proclamations issued under the CrPC and in force immediately before the BNSS commenced are deemed issued under the corresponding BNSS provisions. Section 531(2)(a) keeps any pending inquiry, trial or application under the CrPC. On a reading of those words, a pending proclamation continues, and the pending proceeding in which it was issued is governed by the CrPC.

Sources

Acts and sections read: BNSS 2023 ss.84-89, 111, 356, 531 and the First Schedule row for BNS s.209 (Gazette CG-DL-E-25122023-250884); BNS 2023 ss.209, 358 (Gazette CG-DL-E-25122023-250883); CrPC 1973 ss.82-86 with footnotes, and the First Schedule row for IPC s.174A (original India Code text); IPC 1860 s.174A with footnote.
Judgments read (Veritect judgment corpus, full text): Prem Shankar Prasad v. State of Bihar (2021_6_1176_1186_EN.md); Srikant Upadhyay v. State of Bihar (2024_3_421_437_EN.md); Daljit Singh v. State of Haryana (2025_1_117_129_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 82 CrPC vs Section 84 BNSS — Proclamation and Attachment (CrPC 82-86)