Any police officer can trigger this international process.

Only a senior officer — at least a Superintendent of Police or Commissioner of Police — can make the written request that allows the Court to act.

The Indian court can directly seize property located in another country.

The Indian court cannot act unilaterally abroad; it can only request assistance from the foreign country's court or authority, following the procedure in Chapter VIII, and that country's cooperation is needed.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 86

Identification and attachment of property of proclaimed person

The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.§

Why this exists

Proclaimed offenders often flee abroad and may hide or move assets there to escape the consequences of crimes committed in India. Domestic courts have no power to seize property located in another country on their own. This provision, introduced in the new BNSS (2023) as India modernized its criminal procedure code, formalizes a channel for Indian courts to seek help from foreign courts/authorities under international cooperation agreements (mutual legal assistance treaties), so that offenders cannot escape financial accountability simply by crossing borders.

Common misconceptions

Myth: Any police officer can trigger this international process.
Fact: Only a senior officer — at least a Superintendent of Police or Commissioner of Police — can make the written request that allows the Court to act.
Myth: The Indian court can directly seize property located in another country.
Fact: The Indian court cannot act unilaterally abroad; it can only request assistance from the foreign country's court or authority, following the procedure in Chapter VIII, and that country's cooperation is needed.