Attachment and confiscation of property

§16

Summary

16. (1) No person operating as a member of solver gang, singularly or in group, who is accused of an offence under sections 8, 9 and 11 of this Act shall hold or be in possession of any property which is acquired by committing an offence under aforesaid sections. (2) If the District Magistrate has reason to believe that the property, whether movable or immovable, in possession of any person has been acquired as a result of the commission of an offence as mentioned in sub-section (1), he may order attachment of such property, whether or not cognizance of such offence has been taken by the Court. (3) The procedure provided for attachment in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act no. 46 of 2023) shall apply to every such attachment. (4) The District Magistrate may appoint an Administrator of any property attached under sub-section (2) and the Administrator shall have all the powers to administer such property in the best interest thereof. (5) The District Magistrate may provide police help to the Administrator for proper and effective administration of such property. (6) Where any property is attached under sub-section (2), the claimant thereof may, within three months from the date of knowledge of such attachment, make a representation to the District Magistrate showing the circumstances in and the sources by which such property was acquired by him. (7) If the District Magistrate is satisfied about the genuineness of the claim made under sub-section (6), he shall forthwith release the property from attachment and thereupon such property shall be delivered to the claimant. (8) Where no representation is made within the period specified in sub-section (6) or the property is not released by District Magistrate under sub-section (7), the District Magistrate shall refer the matter with his report to the Court competent to try an offence under the Act . (9) Where the District Magistrate has refused to attach any property under sub - section (2) or has ordered for release of any property under sub-section (7), the State Government or any person aggrieved by such refusal or release may make an application to the competent Court as referred under sub-section (8) for inquiry as to whether the property was acquired by or as a result of the commission of an offence by a member of solver gang, singularly or in group, who is accused of an offence under sections 8, 9 and 11 of this Act. The Court may, if it considers it necessary or expedient in the interest of justice so to do, pass an order confirming or setting aside the order of the District Magistrate. (10) On the receipt of reference under sub-section (8) or an application under sub-section (9), the Court competent to try an offence under this Act shall fix a date for inquiry and give notice thereof to the person making the application under sub-section (9) or, as the case may be, to the person making the representation under sub-section (6) and to the State Government, and also to any other person whose interest appears to be involved in the case. (11) On the date so fixed or any subsequent date to which the inquiry may be adjourned, the Court shall hear the parties, receive evidence produced by them, take such further evidence as it considers necessary, and decide whether the property was acquired as a result of the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang and pass such order as may be just and necessary in the circumstances of the case. (12) In any proceedings under this section, the burden of proving that the property in question or any part thereof was not acquired by a person as the result of the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang, shall be on the person claiming the property. (13) If upon such inquiry, the Court finds that the property was not acquired by a solver gang as a result of the commission of any offence under sections 8, 9 and 11 of this Act, it shall order for release of the property in favor of the person from whose possession it was attached. (14) Where the accused is convicted of any of the offence under sections 8, 9 and 11 of this Act, the Court, in addition to awarding any sentence, by order in writing, declare that any property belonging to such accused shall be deemed to vest in the State free from all encumbrances. Explanation:- For the purpose of this section “property” means all property, whether movable or immovable, derived or obtained from the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang or property which has been acquired by means of funds relating to crime and shall also include cash, irrespective of the person in whose name such property stands or in whose possession it is found.

16. (1) No person operating as a member of solver gang, singularly or in group, who is accused of an offence under sections 8, 9 and 11 of this Act shall hold or be in possession of any property which is acquired by committing an offence under aforesaid sections. (2) If the District Magistrate has reason to believe that the property, whether movable or immovable, in possession of any person has been acquired as a result of the commission of an offence as mentioned in sub-section (1), he may order attachment of such property, whether or not cognizance of such offence has been taken by the Court. (3) The procedure provided for attachment in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act no. 46 of 2023) shall apply to every such attachment. (4) The District Magistrate may appoint an Administrator of any property attached under sub-section (2) and the Administrator shall have all the powers to administer such property in the best interest thereof. (5) The District Magistrate may provide police help to the Administrator for proper and effective administration of such property. (6) Where any property is attached under sub-section (2), the claimant thereof may, within three months from the date of knowledge of such attachment, make a representation to the District Magistrate showing the circumstances in and the sources by which such property was acquired by him. (7) If the District Magistrate is satisfied about the genuineness of the claim made under sub-section (6), he shall forthwith release the property from attachment and thereupon such property shall be delivered to the claimant. (8) Where no representation is made within the period specified in sub-section (6) or the property is not released by District Magistrate under sub-section (7), the District Magistrate shall refer the matter with his report to the Court competent to try an offence under the Act . (9) Where the District Magistrate has refused to attach any property under sub - section (2) or has ordered for release of any property under sub-section (7), the State Government or any person aggrieved by such refusal or release may make an application to the competent Court as referred under sub-section (8) for inquiry as to whether the property was acquired by or as a result of the commission of an offence by a member of solver gang, singularly or in group, who is accused of an offence under sections 8, 9 and 11 of this Act. The Court may, if it considers it necessary or expedient in the interest of justice so to do, pass an order confirming or setting aside the order of the District Magistrate. (10) On the receipt of reference under sub-section (8) or an application under sub-section (9), the Court competent to try an offence under this Act shall fix a date for inquiry and give notice thereof to the person making the application under sub-section (9) or, as the case may be, to the person making the representation under sub-section (6) and to the State Government, and also to any other person whose interest appears to be involved in the case. (11) On the date so fixed or any subsequent date to which the inquiry may be adjourned, the Court shall hear the parties, receive evidence produced by them, take such further evidence as it considers necessary, and decide whether the property was acquired as a result of the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang and pass such order as may be just and necessary in the circumstances of the case. (12) In any proceedings under this section, the burden of proving that the property in question or any part thereof was not acquired by a person as the result of the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang, shall be on the person claiming the property. (13) If upon such inquiry, the Court finds that the property was not acquired by a solver gang as a result of the commission of any offence under sections 8, 9 and 11 of this Act, it shall order for release of the property in favor of the person from whose possession it was attached. (14) Where the accused is convicted of any of the offence under sections 8, 9 and 11 of this Act, the Court, in addition to awarding any sentence, by order in writing, declare that any property belonging to such accused shall be deemed to vest in the State free from all encumbrances. Explanation:- For the purpose of this section “property” means all property, whether movable or immovable, derived or obtained from the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang or property which has been acquired by means of funds relating to crime and shall also include cash, irrespective of the person in whose name such property stands or in whose possession it is found.

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