BNSS 2023/107 CHAPTER VII Attachment, forfeiture or restoration of property.

BNSS 2023/106 CHAPTER VII Attachment, forfeiture or restoration of property.

(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.

Read in “Simplified English”

Attachment, forfeiture, or restoration of property

1. Applying to attach property –
   • If a police officer investigating a crime believes that any property was obtained from criminal activity, they can ask the Court or Judicial Magistrate to attach (take control of) the property, with approval from the Superintendent or Commissioner of Police.
2. Notice to the owner –
   • If the Court thinks the property may be proceeds of crime, it will issue a notice to the person, giving 14 days to explain why the property should not be attached.
3. Notice to others holding the property –
   • If someone else is holding the property on behalf of the person, a copy of the notice will also be sent to them.
4. Court decides after hearing –
   • After considering explanations and evidence, the Court may attach the property if it is found to be proceeds of crime.
   • If the person does not appear within 14 days, the Court can pass an ex-parte order (without their presence).
5. Interim attachment –
   • If giving notice would defeat the purpose of attachment or seizure, the Court can issue a temporary ex-parte order to attach or seize the property. This remains until the final decision.
6. Distribution of proceeds –
   • If the Court confirms the property is proceeds of crime, it will order the District Magistrate to distribute it to people affected by the crime.
7. Timeline for distribution –
   • The District Magistrate must distribute the proceeds within 60 days, either personally or through a subordinate officer.
8. Unclaimed or surplus property –
   • If there are no claimants, or after satisfying all claims there is extra, the property forfeits to the Government.

Explanation:

• “Property” and “proceeds of crime” have the same meaning as defined in Section 111(d).

👉 In short:
The police and Court can attach property obtained from crime, notify owners, decide on attachment after hearing them, and distribute proceeds to victims. Unclaimed property goes to the Government.