CrPC Section 387
📘 Section 387 CrPC – Power to Order Attachment Before Judgment
⚖️ What is Section 387 about?
Section 387 empowers a criminal court to order the attachment (seizure) of the property of a person accused or suspected of committing an offence, before the final judgment is given.
🧱 Detailed Explanation
Sometimes, during the pendency of a criminal case, the accused may try to dispose of or hide their property to avoid penalties, compensation, or fines.
To prevent this, Section 387 allows the court to order the attachment of such property temporarily until the case is decided.
This ensures that if the court orders compensation, fine, or forfeiture, the property is available to satisfy the order.
🧠 Key Points
Who can the order be made against?
Any person against whom there is reasonable ground to believe that they have committed an offence punishable under the law.
What kind of property?
Any movable or immovable property belonging to the accused or suspected person.
When can this order be passed?
Before the judgment in the case, during the trial or investigation phase.
Purpose:
To prevent the accused from disposing of or transferring property that might be needed to satisfy any future court orders.
Procedure:
The court must be satisfied with reasonable grounds before ordering attachment.
📌 Summary Table
| Element | Explanation |
|---|---|
| Power | Court can order attachment of property before judgment |
| Against whom | Person accused or suspected of committing offence |
| Type of property | Movable or immovable property |
| Purpose | To prevent disposal or transfer of property |
| When | Before final judgment in the case |
🔍 Example
If a person is accused of cheating and the court believes that he may sell his assets to avoid paying compensation, the court may order the attachment of his house or bank account to secure the amount.
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