Attachment, forfeiture or restoration of property.
107. (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.
Read also : Section 246 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS