CrPC Section 381
Section 381 of the Criminal Procedure Code (CrPC), 1973 (India):
Section 381 CrPC — Power to order attachment of property of accused in certain cases
📜 Text of Section 381:
When any person is accused of an offence punishable with imprisonment for a term of seven years or more, and the court has reason to believe that he will abscond or will not make himself available for the purpose of furnishing security for his appearance, the court may order that the property belonging to the accused, or to any person in trust for him, may be attached.
🔍 Explanation and Key Points:
Applicability:
Applies only in serious offences punishable with imprisonment of 7 years or more.
Condition for Attachment:
The court must have reason to believe that:
The accused may abscond (escape to avoid trial), or
The accused will not appear to furnish security for his appearance.
Purpose:
To secure the presence of the accused.
To protect the property that might otherwise be concealed or wasted.
Property Subject to Attachment:
Property belonging to the accused.
Property held by any other person in trust for the accused.
Effect of Attachment:
The property is temporarily seized or restrained by the court.
It acts as security to ensure the accused does not evade the trial process.
⚖️ Practical Importance:
Helps prevent accused persons from disposing of their property to avoid legal proceedings.
Acts as a safeguard for the prosecution and victims.
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