Section 107 of the BNSS

About Section 107 of the BNSS

• Section 107 of the BNSS, 2023 pertains to the attachment and forfeiture of property categorized as “proceeds of crime.”
• It grants the court the authority to attach property at the request of a police officer during an ongoing investigation.
  • The request must be approved by a Superintendent or Commissioner of Police.
• This section gives the court unbridled powers to attach any property believed to be derived from criminal activities and, under specific conditions, to forfeit it to the government.
• There is no requirement for the police officer to wait until the completion of the investigation (unlike earlier laws).
  • Property can be attached during the investigation.
• It differs from the PMLA, 2002, in that there are no preconditions like documenting the reasons for believing the property is a result of criminal activity.
• After attachment, if the court finds the property to be proceeds of crime, it can direct the District Magistrate to distribute the proceeds to the affected persons within 60 days.
  • If no claimants are identified, the proceeds are forfeited to the government.
• There is a requirement for issuing a show-cause notice within 14 days for the property attachment, and the court can pass an ex parte order if no representation is made.

PYQ:

[2021] Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels.