Section 107 BNSS: Attachment, forfeiture or restoration of property

Section 107 BNSS Bare Act Text

(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.

Source: Section 107, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 107 BNSS in Simple Words

When Section 107 BNSS Applies

• An investigating police officer who has reason to believe that property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence may, with the approval of the Superintendent of Police or Commissioner of Police, apply to the Court or Magistrate having jurisdiction to take cognizance, commit for trial, or try the case under Section 107(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
• When the Court or Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, it may issue a fourteen-day show-cause notice under Section 107(2) BNSS, and a copy shall also be served under Section 107(3) BNSS on any other person specified as holding the property on that person's behalf.
• After considering any explanation to the show-cause notice and the available material fact, and after giving a reasonable opportunity of being heard, the Court or Magistrate may attach properties found to be proceeds of crime under Section 107(4) BNSS, while the proviso relaxes the hearing rule by allowing it to proceed to pass an ex parte order if the person does not appear or represent his case within fourteen days.
• If the Court or Magistrate is of the opinion that issuing a show-cause notice would defeat the object of attachment or seizure, Section 107(5) BNSS empowers it to direct attachment or seizure of the property by an interim order passed ex parte.
• Once the Court or Magistrate finds the attached or seized properties to be proceeds of crime, Section 107(6) BNSS requires that it shall by order direct the District Magistrate to rateably distribute them to the persons affected by the crime, and under Section 107(7) BNSS the District Magistrate shall effect the distribution personally or authorise a subordinate officer to do so.
• Where there are no claimants to receive the proceeds of crime, no claimant is ascertainable, or a surplus remains after satisfying the claimants, Section 107(8) BNSS provides that the proceeds shall stand forfeited to the Government.

Time Limits Under Section 107 BNSS

• A person served with a notice under Section 107(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is given a period of fourteen days to show cause why an order of attachment shall not be made.Act text: “calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made”
• The proviso to Section 107(4) BNSS allows the Court or Magistrate to proceed to pass an ex parte attachment order if the person does not appear or represent his case within the period of fourteen days specified in the show-cause notice.Act text: “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”
• An ex parte interim order of attachment or seizure passed under Section 107(5) BNSS shall remain in force till an order under Section 107(6) BNSS is passed.Act text: “such order shall remain in force till an order under sub-section (6) is passed”
• Upon receiving an order under Section 107(6) BNSS, the District Magistrate shall distribute the proceeds of crime within a period of sixty days under Section 107(7) BNSS, either personally or through an authorised subordinate officer.Act text: “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”

Example of Section 107 BNSS

When Section 107 BNSS Does Not Apply

• An application for attachment under Section 107(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 cannot be made where a police officer making an investigation has no reason to believe that the property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence.
• A police officer making an investigation cannot apply to the Court or Magistrate for attachment of property under Section 107(1) BNSS without the approval of the Superintendent of Police or Commissioner of Police.
• An application for attachment under Section 107(1) BNSS does not lie before a Court or Magistrate that does not exercise jurisdiction to take cognizance of the offence or commit for trial or try the case.
• The Court or Magistrate cannot pass an order of attachment under Section 107(4) BNSS or direct rateable distribution under Section 107(6) BNSS in respect of properties that are not found to be the proceeds of crime.

No Corresponding CrPC Section

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Section 107 BNSS: Sub-sections Explained

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