Code
(1) Where a Court in India has reasonable grounds to believe that any property
obtained by any person is derived or obtained, directly or indirectly, by such person from
the commission of an offence, it may make an order of attachment or forfeiture of such
property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).
(2) Where the Court has made an order for attachment or forfeiture of any property
under sub-section (1), and such property is suspected to be in a contracting State, the
Court may issue a letter of request to a Court or an authority in the contracting State for
execution of such order.
(3) Where a letter of request is received by the Central Government from a Court or an
authority in a contracting State requesting attachment or forfeiture of the property in India,
derived or obtained, directly or indirectly, by any person from the commission of an offence
committed in that contracting State, the Central Government may forward such letter of
request to the Court, as it thinks fit, for execution in accordance with the provisions of
sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being
in force.
Explanation:
This section deals with the attachment or forfeiture of property that is believed to be derived from the commission of an offence. This is what assistance in relation to orders of attachment deals with:
- Subsection (1): If a court in India has reasonable grounds to believe that property is obtained through an offence, it can attach or forfeit that property using the provisions in sections 116 to 122 of the BNSS.
- Subsection (2): If the property is suspected to be in another country with which India has a legal agreement (contracting State), the court can send a request to the relevant court or authority in that country for the execution of the attachment or forfeiture order.
- Subsection (3): If India receives a request from another contracting State to attach or forfeit property in India linked to an offence committed in that state, the Indian government can forward the request to a court for execution using the provisions of sections 116 to 122 or any other relevant law.
Illustration:
Suppose a person is accused of money laundering. The court suspects that some of the laundered money was used to buy a luxury car. Based on this suspicion, the court can order the attachment of the car under Section 115(1) of the BNSS. If the car is located in a contracting state, the Indian court can use Section 115(2) to request the relevant court in that state to execute the attachment order.
Common Questions and Answers:
- Q: What are the “reasonable grounds” required for attachment under Section 115(1)?
A: This will depend on the specific case. The court will consider factors such as the nature of the alleged offence. Also, evidence linking the property to the offence and the likelihood of the property being used to further the offence.
- Q: What happens to the property after it is attached?
A: The property will remain attached until the court decides whether to forfeit it or return it to the owner.
- Q: How does the process of requesting execution of an attachment order in a contracting state work?
A: This process is governed by the specific legal agreement between India and the contracting state. The request will usually include details about the offence, the property, and the Indian court’s order.
