Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This provision is new to the Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing the CrPC), reflecting a growing global and domestic focus on tracing and confiscating 'proceeds of crime'—similar to concepts in laws like the Prevention of Money Laundering Act (PMLA). Its purpose is to ensure that criminals don't keep the financial benefits of their crimes and that victims, where identifiable, can be compensated from those very proceeds, rather than the money vanishing or being enjoyed by wrongdoers while investigations and trials drag on.
Common misconceptions
- Myth: Police can freeze anyone's property just on suspicion, without any court involved.
Fact: Only a court or magistrate can order attachment, and the property owner must usually get a chance to be heard first, except in urgent situations under sub-section (5). - Myth: Once property is attached, it automatically goes to the government.
Fact: The law prioritizes returning proceeds of crime to affected victims first; only unclaimed or surplus amounts go to the government.