Section 7 SC/ST Act: Forfeiture of property of certain persons
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 7 SC/ST Act at a Glance
Section 7 SC/ST Act lets the Special Court forfeit property belonging to a convicted offender that was used to commit a Chapter II offence. It also allows attachment of an accused person's property during trial to recover any fine upon conviction.
Section 7 SC/ST Act Bare Act Text
7. Forfeiture of property of certain persons.
(1) Where a person has been convicted of any offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.
(2) Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter.
Section 7 SC/ST Act in Simple Words
Section 7 SC/ST Act empowers the Special Court (constituted under Section 14 SC/ST Act) to order forfeiture and attachment of property in cases under Chapter II (Offences of Atrocities, including Section 3 SC/ST Act). Under Section 7(1) SC/ST Act, where a person has been convicted of an offence punishable under Chapter II, the Special Court may pass a written order declaring that movable or immovable property (or both) belonging to the convicted person and used for the commission of that offence stands forfeited (permanently transferred) to the Government. This discretionary order may be passed in addition to the punishment awarded for the Chapter II offence.
Section 7(2) SC/ST Act operates while the trial is pending. Where a person is accused of an offence under Chapter II, the Special Court trying the accused may pass an order attaching (placing under court restriction) all or any movable or immovable properties belonging to the accused during the period of the trial. Unlike Section 7(1) SC/ST Act, trial attachment under Section 7(2) SC/ST Act can cover any property belonging to the accused, whether or not it was used to commit the offence.
If the trial ends in conviction, the property attached under Section 7(2) SC/ST Act becomes liable to forfeiture to the extent required to realise (recover) any fine imposed under Chapter II. Section 7 SC/ST Act governs property attachment and forfeiture and creates no separate offence of its own.
When Section 7 SC/ST Act Applies
- Under Section 7(1) SC/ST Act: the person has been convicted of an offence punishable under Chapter II of the SC/ST Act.
- Under Section 7(1) SC/ST Act: the movable or immovable property belongs to the convicted person, was used to commit that offence, and the Special Court declares it forfeited to the Government by an order in writing.
- Under Section 7(2) SC/ST Act: the person is accused of a Chapter II offence, and the Special Court trying the accused orders attachment of all or any movable or immovable property belonging to the accused during the trial.
- Under Section 7(2) SC/ST Act: the trial ends in conviction, making the attached property liable to forfeiture to the extent required to realise any fine imposed under Chapter II.
Example of Section 7 SC/ST Act
When Section 7 SC/ST Act Does Not Apply
- Under Section 7(1) SC/ST Act, property that does not belong to the convicted person or was not used for the commission of the Chapter II offence is not covered.
- Under Section 7(2) SC/ST Act, attached property is liable to forfeiture only where the trial ends in conviction and only to the extent required for realising a fine imposed under Chapter II.
FAQs on Section 7 SC/ST Act
What is Section 7 SC/ST Act?▼
Section 7 SC/ST Act empowers the Special Court to declare movable or immovable property belonging to a convicted offender and used to commit a Chapter II offence forfeited to the Government. It also allows the Special Court to attach an accused person's property during the trial so that any fine imposed upon conviction under Chapter II can be recovered.
Can the Special Court attach an accused person's property during the trial under Section 7(2) SC/ST Act?▼
Yes. Under Section 7(2) SC/ST Act, where a person is accused of an offence under Chapter II, the Special Court trying the accused may order attachment of all or any movable or immovable properties belonging to the accused during the period of the trial.
Is forfeiture under Section 7(1) SC/ST Act automatic on every conviction?▼
No. Section 7(1) SC/ST Act uses the word 'may', giving the Special Court discretion to declare such property forfeited to the Government by an order in writing.
Does Section 7 SC/ST Act cover both movable and immovable property?▼
Yes. Both Section 7(1) SC/ST Act and Section 7(2) SC/ST Act expressly apply to movable property, immovable property, or both.
Can the entire property attached during trial be forfeited under Section 7(2) SC/ST Act regardless of the fine amount?▼
No. Under Section 7(2) SC/ST Act, where the trial ends in conviction, the attached property is liable to forfeiture only to the extent required to realise any fine imposed under Chapter II.
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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·