107. 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 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.
Section 107 BNSS: Understanding the Legal Framework for Property Attachment in Criminal Investigations
In recent times, discussions around Section 107 BNSS and BNSS 107 have gained attention as more people become aware of their rights and the legal procedures involving criminal investigations. This article aims to provide a detailed explanation of Section 107 BNSS, focusing on the process of property attachment when it is believed to be derived from criminal activities.
What is Section 107 BNSS?
Section 107 of the BNSS relates to the attachment of properties that are suspected to be proceeds of crime. This section empowers police officers, under the guidance of higher authorities, to take necessary legal actions to prevent the misuse of such properties. Understanding this law is essential for both citizens and legal professionals alike.
The Role of Police in Investigations
When a police officer conducts an investigation and suspects that certain properties are linked to criminal activities, they have the authority to act. However, they must first seek approval from the Superintendent of Police or the Commissioner of Police. This step is crucial as it ensures that the action taken is legitimate and follows the legal framework.
Once approved, the officer can make an application to the Court or the Magistrate who has jurisdiction over the matter. This application is a formal request for the attachment of the suspected property, highlighting the reasons for such action.
Court’s Responsibility in Assessing Properties
Upon receiving the application, the Court or Magistrate will assess the evidence provided. They have the authority to determine whether the property in question is indeed a product of crime. This decision can be made even before taking additional evidence, based on the initial information presented.
If the Court or Magistrate believes that the property might be proceeds of crime, they will issue a notice to the person holding the property. This notice will require them to show cause within a specified period—typically fourteen days—why the property should not be attached.
Importance of the Show-Cause Notice
The show-cause notice serves as a vital part of the legal process. It ensures that the individual has an opportunity to present their side of the story. This process not only upholds the principles of justice but also protects the rights of the individual involved. The notice must be clear and detail the specific properties that are under scrutiny.
Moreover, if the notice indicates that the property is held by someone else on behalf of the person in question, that individual will also receive a copy of the notice. This ensures transparency and keeps all relevant parties informed.
Hearing and Decision-Making Process
Once the show-cause notice is issued, the Court or Magistrate will consider any explanations provided. They must provide a reasonable opportunity for the person to be heard. This means that the individual can present their evidence or arguments against the proposed attachment of the property.
If the person fails to appear or respond within the fourteen-day period, the Court or Magistrate has the right to make an ex parte order. An ex parte order means that the decision can be made without the presence of the individual, often due to their failure to respond.
Interim Orders for Immediate Action
In certain situations, the Court or Magistrate may believe that notifying the person about the potential attachment could jeopardize the investigation. In such cases, they can issue an interim order for the attachment of the property without prior notice. This order remains in effect until a final decision is made regarding the attachment.
This provision under Section 107 BNSS ensures that properties suspected of being proceeds of crime can be quickly secured, thereby preventing any potential tampering or dissipation of evidence.
Final Decision on Attached Properties
After evaluating all the facts and the explanations provided, the Court or Magistrate will reach a conclusion. If it is determined that the properties in question are indeed proceeds of crime, the Court will issue an order directing the District Magistrate to distribute the proceeds to affected persons.
This is a crucial step, as it ensures that victims of the crime can receive compensation for their losses. The distribution process must be fair and equitable, taking into account the claims of those affected by the criminal activity.
Role of the District Magistrate
Upon receiving the Court’s order, the District Magistrate has a specific timeframe—typically sixty days—to distribute the proceeds. They may do this personally or delegate the task to a subordinate officer. This timely distribution is essential for restoring justice and providing relief to those impacted by the crime.
If, however, there are no claimants for the distributed proceeds, or if any surplus remains after fulfilling the claims, those funds will be forfeited to the Government. This ensures that all proceeds of crime are accounted for and not misused.
Conclusion
Section 107 BNSS serves as a crucial legal instrument in the fight against crime and the protection of citizens’ rights. It outlines the process through which properties suspected of being derived from criminal activities can be attached and dealt with in a systematic manner. By understanding this section, individuals can be better informed about their rights and the legal recourse available to them.
As we move forward, it is important for citizens to stay aware of their legal rights under Section 107 BNSS. Knowledge of such laws empowers individuals and communities to stand against crime and seek justice effectively. Awareness not only helps in personal cases but also strengthens the overall legal framework within society.