Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court. Which section of Code of Criminal Procedure 1973 has been discussed here?
DSSSB - 2023,
Answer: A
The provision allowing a person aggrieved by a refusal to deliver property or the proceeds of its sale to appeal to the court to which appeals ordinarily lie is Section 86 of the Code of Criminal Procedure, 1973, titled appeal from orders under Section 85, which deals with the restoration of attached property.
Section 85 itself is the provision under which the property is restored or its proceeds dealt with, so it is the section the passage refers to and not the one it describes. Section 82 deals with proclamation for a person absconding and Section 88 with the power to take bond for appearance, so neither contains the appeal.
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