(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 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 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 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 Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte order. (5) Notwithstanding anything contained in sub-section (2), if the Court or the 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 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 Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the 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.
Bharatiya Nagarik Suraksha Sanhita
Section 107
Attachment, forfeiture or restoration of property
⚡ Quick Answer Reference: Section 107 BNSS
- Provision: Section 107 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section allows the police to attach property that may be linked to a crime. If the court believes the property is connected to a crime, it can issue a notice to the owner to explain why the property shouldn't be attached. If the owner doesn't respond, the court can attach the property. If the property is found to be linked to a crime, it can be distributed to those affected by the crime or forfeited to the government.
What does Section 107 of BNSS say?
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What does Section 107 of BNSS mean?
Plain English Explanation
This section allows the police to attach property that may be linked to a crime. If the court believes the property is connected to a crime, it can issue a notice to the owner to explain why the property shouldn't be attached. If the owner doesn't respond, the court can attach the property. If the property is found to be linked to a crime, it can be distributed to those affected by the crime or forfeited to the government.
Practical Interpretation
In practice, this section is used to seize property that may be linked to a crime, such as money or assets. The police must have reason to believe the property is connected to a crime and obtain approval from a senior officer. The court then issues a notice to the owner, who must respond within 14 days. If the owner doesn't respond, the court can attach the property.
Core Legal Purpose
The core purpose of this section is to allow the police and courts to seize property that may be linked to a crime, and to distribute or forfeit it accordingly. This helps to prevent the proceeds of crime from being used to fund further criminal activity.
- •A police officer must have reason to believe that property is linked to a crime.
- •The police officer must obtain approval from a senior officer to attach the property.
- •The court must believe that the property is linked to a crime before issuing a notice to the owner.
- •If the owner doesn't respond to the notice, the court can attach the property ex parte.
Practical Example of Section 107 BNSS
Rajesh is suspected of being involved in a money laundering scheme. The police believe that he has hidden assets in a bank account in the name of his friend, Priya. The police obtain approval from the Superintendent of Police to attach the assets. They issue a notice to Priya, who is the account holder, to explain why the assets shouldn't be attached. Priya doesn't respond to the notice, so the court attaches the assets. The court then distributes the assets to those affected by Rajesh's crime.
Frequently Asked Questions about Section 107 BNSS
Q: What is the punishment or consequence under Section 107 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of attachment or forfeiture of property are outlined in the section, but there is no specific punishment prescribed.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. The police can attach property linked to a crime, regardless of whether it belongs to a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not classified as a bailable or cognizable offence.
Common Questions about Section 107 BNSS
What is Section 107 of BNSS?
Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Attachment, forfeiture or restoration of property". In plain terms: This section allows the police to attach property that may be linked to a crime. If the court believes the property is connected to a crime, it can issue a notice to the owner to explain why the property shouldn't be attached. If the owner doesn't respond, the court can attach the property. If the property is found to be linked to a crime, it can be distributed to those affected by the crime or forfeited to the government.
What is the punishment under Section 107 of BNSS?
Section 107 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 107 of BNSS bailable or non-bailable?
Whether Section 107 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 107 of BNSS?
The essential elements of Section 107 of BNSS are: A police officer must have reason to believe that property is linked to a crime.; The police officer must obtain approval from a senior officer to attach the property.; The court must believe that the property is linked to a crime before issuing a notice to the owner..
Landmark Judgments under Section 107 BNSS
Sections commonly cited alongside Section 107
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