About Section 107 of the BNSS
- Section 107 of the BNSS, 2023 pertains to the attachment and forfeiture of property categorized as “proceeds of crime.”
- It grants the court the authority to attach property at the request of a police officer during an ongoing investigation.
- The request must be approved by a Superintendent or Commissioner of Police.
- This section gives the court unbridled powers to attach any property believed to be derived from criminal activities and, under specific conditions, to forfeit it to the government.
- There is no requirement for the police officer to wait until the completion of the investigation (unlike earlier laws).
- Property can be attached during the investigation.
- It differs from the PMLA, 2002, in that there are no preconditions like documenting the reasons for believing the property is a result of criminal activity.
- After attachment, if the court finds the property to be proceeds of crime, it can direct the District Magistrate to distribute the proceeds to the affected persons within 60 days.
- If no claimants are identified, the proceeds are forfeited to the government.
- There is a requirement for issuing a show-cause notice within 14 days for the property attachment, and the court can pass an ex parte order if no representation is made.
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