Definition
A legal process by which a court or authority seizes or freezes property — either before a judgment (to secure potential execution) or as a proceeding to prevent dissipation of property alleged to be proceeds of crime.
Attachment of property in Indian law arises in two major contexts: (a) Civil attachment before judgment (Order XXXVIII CPC) — where the court attaches a defendant's property to ensure it is available for execution if a decree is passed against them; and (b) Criminal/regulatory attachment under PMLA (Section 5 PMLA) — provisional attachment of property by the Enforcement Directorate where it believes it is proceeds of crime. PMLA attachment is particularly significant: the ED can provisionally attach property without prior court approval; the attachment order must be confirmed by an Adjudicating Authority within 60 days. Confirmed attachments lead to confiscation proceedings before a Special Court under PMLA.
Statutory Definition
Section 5(1), Prevention of Money Laundering Act, 2002: 'Where the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of material in his possession, that any person is in possession of any proceeds of crime; and such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime, he may, by order in writing, provisionally attach such property for a period not exceeding 180 days.'
Etymology & Origin
From Old French 'attacher' (to fasten, to attach) from Frankish 'stakon' (stake). 'Attachment' in legal usage means 'fastening' property to the court's control — the property cannot be transferred or disposed of while it is attached.
Full Legal Analysis
Attachment of Property: Freezing Assets Pending Proceedings
Attachment freezes property — the owner cannot sell it, transfer it, encumber it, or hide it. It serves two purposes: preserving assets for potential execution of a future decree (civil context); or preventing criminals from dissipating the proceeds of crime before confiscation (PMLA context). Without attachment powers, defendants would simply transfer their assets while litigation proceeds, making any eventual remedy hollow.
PMLA Provisional Attachment: Section 5
The PMLA's provisional attachment regime is one of the most powerful in Indian law: (a) Who can attach: Director ED or authorised officer (Deputy Director or above). (b) Without prior court approval: The ED can provisionally attach property without approaching any court — unlike civil attachment (which requires a court order). This ex parte attachment power is justified by the need to act quickly before proceeds are dissipated. (c) Duration: Provisional attachment for up to 180 days. (d) Adjudicating Authority: Within 60 days of provisional attachment, the ED must file a complaint before the Adjudicating Authority (PMLA). The Authority then decides whether to confirm or revoke the attachment. (e) Special Court: If attachment is confirmed, confiscation proceedings begin before a Special PMLA Court.
Civil Attachment: Order XXXVIII CPC
Civil attachment before judgment (Order XXXVIII CPC) is available when: (a) the defendant is about to dispose of assets to defraud creditors; (b) the defendant is about to leave the jurisdiction; or (c) the defendant has concealed their assets. The plaintiff applies to the court for an attachment order — the court may issue ex parte or after notice. Civil attachment requires a court order (unlike PMLA provisional attachment) and is subject to the defendant providing counter-security.
“Attachment is the law freezing the financial crime scene. In a money laundering case, the proceeds of crime are not just evidence — they are the object of the crime itself. Attachment says: this property will not be moved, sold, or hidden while we determine whether it was obtained by crime. The attachment secures the prize of prosecution.”
This Term in Indian Statutes
Prevention of Money Laundering Act, 2002, 2002
"Where the Director... has reason to believe... that any person is in possession of any proceeds of crime; and such proceeds are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation... he may, by order in writing, provisionally attach such property for a period not exceeding 180 days."
PMLA provisional attachment: ED can attach without prior court order; 180-day period; Adjudicating Authority confirmation within 60 days
