A proclaimed person whose property has been attached can claim the property or the net proceeds of the sale on appearance -
Explanation:
This question relates to the provisions concerning proclaimed persons and the attachment of their property under the Criminal Procedure Code (CrPC), 1973. Specifically, it refers to Section 85 of the CrPC, which deals with the release, sale, and restoration of attached property. Let's analyze each option: Option (1): "Within 2 years from the date of attachment." This option is correct as per Section 85(3) of the CrPC. Section 85(3) states: "If, within two years from the date of the attachment, any person whose property is or has been attached under sub-section (1) or sub-section (2) of section 83, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or any Court to which that 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 no such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if it 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 remainder of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him." This provision provides a specific window of two years for the proclaimed person to appear and claim their property or its proceeds, provided they can satisfy the court about their reasons for non-appearance. Option (2): "Within 6 months from the date of attachment." This option is incorrect. While Section 85(2) of the CrPC mentions a six-month period, it pertains to the sale of attached property. It states that if the attached property is perishable or if the Court considers it expedient to sell it, it may be sold at any time. However, if the property is not perishable, it generally cannot be sold until six months have elapsed from the date of attachment, or until any claim preferred or objection made under Section 84 has been disposed of, whichever is later. This six-month period is for the *sale* of property, not for the proclaimed person to *claim* it upon appearance. The claim period is distinct and longer. Option (3): "Within 1 year from the date of attachment." This option is incorrect. The CrPC does not specify a one-year period for a proclaimed person to claim their attached property upon appearance. The statutory period provided for this purpose is two years, as clearly laid down in Section 85(3). Option (4): "Within 3 years from the date of attachment." This option is incorrect. Similar to the previous options, the CrPC does not provide for a three-year period for claiming attached property in this context. The legislative intent, as reflected in Section 85(3), is to provide a reasonable but not excessively long period for the proclaimed person to come forward and explain their absence, balancing the rights of the individual with the need for judicial efficiency and finality of proceedings.