Procedures for the attachment, forfeiture, or restoration of property associated with criminal activities.

Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addresses the procedures for the attachment, forfeiture, or restoration of property associated with criminal activities. Key aspects include:

• Application for Attachment: Investigating police officers who believe that certain property is derived from criminal activities can apply to the relevant court or magistrate for its attachment, with prior approval from a Superintendent or Commissioner of Police.
• Show-Cause Notice: If the court or magistrate finds reasonable grounds to consider the property as proceeds of crime, they may issue a notice to the concerned individual, requiring them to justify within 14 days why the property should not be attached.
• Attachment Order: After reviewing the individual’s explanation and providing an opportunity for a hearing, the court or magistrate may order the attachment of properties identified as proceeds of crime. If the individual fails to respond within the specified period, an ex parte order may be issued.
• Interim Attachment: In situations where issuing a notice might undermine the attachment’s purpose, the court or magistrate can order an interim ex parte attachment or seizure of the property, effective until a final decision is made.
• Distribution of Proceeds: Upon confirming that the attached or seized properties are proceeds of crime, the court or magistrate directs the District Magistrate to distribute these assets proportionally among the affected individuals. This distribution should occur within 60 days, either by the District Magistrate or an authorized subordinate.
• Forfeiture to Government: If there are no identifiable claimants or if surplus proceeds remain after satisfying all claims, such proceeds are forfeited to the government.

This section aims to ensure that properties obtained through criminal means are effectively seized and redistributed to victims, with any unclaimed assets reverting to the state.

For Any Type Of Consultation Or Suggestion Call Us On +91 9211732039 / +91 9891045644. This Suggestion is Absolutely free.