- 13-Jan-2025
- Criminal Law
(1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Judicial Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property.
(2) If the Court or the Judicial Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made.
(3) Where the notice issued to any person under sub-section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person.
(4) The Court or the Judicial Magistrate may, after considering the explanation, if any, to the show-cause notice issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in respect of those properties which are found to be the proceeds of crime:
Provided that if such person does not appear before the Court or the Magistrate or represent his case before the Court or Judicial Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Judicial Magistrate may proceed to pass the ex-parte order.
(5) Notwithstanding anything contained in sub-section (2), if the Court or the Judicial Magistrate is of the opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, the Court or Judicial Magistrate may by an interim order passed ex-parte direct attachment or seizure of such property, and such order shall remain in force till an order under sub-section (6) is passed.
(6) If the Court or the Judicial Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Judicial Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime.
(7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to effect such distribution.
(8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government.
Explanation.—For the purposes of this section, the word property and the expression proceeds of crime shall have the meaning assigned to them in clause (d) of section 111.
Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the procedures for the attachment, forfeiture, or restoration of property that may be derived from criminal activities. It outlines the role of police officers, the requirements for court involvement, and the process for notifying affected individuals regarding the attachment of such property.
A police officer may seize property suspected to be derived from criminal activity with the approval of the Superintendent or Commissioner of Police and apply to the Court for its attachment.
The Court may issue a notice to the person involved to show cause within fourteen days as to why an order of attachment should not be made.
If there are no claimants or a surplus after claims are satisfied, the proceeds shall be forfeited to the Government.
The District Magistrate is responsible for distributing the proceeds of crime to affected persons within sixty days of receiving the Court's order.
1. Scenario: A police officer suspects a vehicle is used in illegal activities. Action: The officer seizes the vehicle and applies to the Court for attachment.
2. Scenario: A person receives a notice regarding the attachment of their property. Action: They must respond within fourteen days to explain why the property should not be attached.
3. Scenario: The Court determines that the seized assets are indeed proceeds of crime. Action: The District Magistrate distributes the assets to those harmed by the crime.
Section 107 establishes a framework for addressing properties linked to criminal activity, detailing the processes of attachment, the rights of individuals involved, and the responsibilities of the authorities to ensure fair treatment in the distribution of any proceeds derived from crime.
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