Bharatiya Nagarik Suraksha Sanhita, 2023
Section 117
Seizure or attachment of property
(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.
Why this exists
This provision is part of the newer property-attachment framework introduced in the Bharatiya Nagarik Suraksha Sanhita, 2023, designed to stop suspects from hiding or disposing of property connected to a crime while an inquiry is ongoing. Similar 'freeze first, confirm later' mechanisms exist in special laws like anti-money-laundering statutes. Requiring court confirmation within a fixed 30-day window builds in judicial oversight so that police attachment powers cannot be used indefinitely without a court checking the officer's reasoning.
Common misconceptions
- Myth: Once police seize or freeze a property, it stays frozen as long as the investigation continues.
Fact: The order only lasts if a court confirms it within 30 days of it being made; otherwise it automatically becomes ineffective. - Myth: Attachment always means the police physically take the property away.
Fact: Attachment just restricts transferring or dealing with the property without the officer's permission; physical seizure is a separate, alternative step used when it's practical to actually take possession.