Empowers courts to order attachment, forfeiture, or restoration of property connected with offences.
Ensures preservation, lawful disposal, and return of property during criminal proceedings.
Introduction
Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the legal framework for attachment, forfeiture, and restoration of property involved in criminal proceedings. The provision enables courts to secure property suspected to be connected with offences, prevent its misuse or disposal, and ensure its eventual return to lawful claimants where appropriate.
It plays a critical role in protecting evidentiary property and regulating its interim and final disposal during investigation, inquiry, or trial.
Objective of the Provision
The objectives of Section 107 BNSS are
- to preserve property connected with criminal offences
- to prevent concealment or illegal transfer of such property
- to regulate forfeiture where required by law
- to ensure restoration of property to rightful claimants
The provision strengthens judicial control over property involved in criminal proceedings.
Meaning / Concept
Attachment of Property
Attachment refers to temporary legal restraint placed on property to prevent its transfer, destruction, or misuse during criminal proceedings.
Such attachment ensures availability of property for evidentiary or adjudicatory purposes.
Forfeiture of Property
Forfeiture involves permanent deprivation of property by order of a competent authority where the law so provides, usually after determination that the property is connected with unlawful activity.
This step typically follows statutory satisfaction regarding involvement of property in offence-related conduct.
Restoration of Property
Restoration refers to return of property to the lawful owner or person entitled to possession after completion of proceedings or upon judicial determination of entitlement.
Thus, the provision ensures equitable handling of property rights.
Detailed Explanation of the Section
Section 107 BNSS provides that
- where any property is suspected to be connected with the commission of an offence
- the court may order its attachment pending investigation or trial
- where the law so permits and circumstances justify, the property may be forfeited
- where entitlement is established or proceedings conclude, the court may order restoration of the property to the rightful claimant
The provision enables the court to
- secure property relevant to proceedings
- regulate custody of such property
- prevent unauthorized disposal
- ensure proper return upon determination of ownership
Key features include
- judicial authority over attachment of property
- possibility of forfeiture under applicable legal provisions
- restoration to lawful claimants where appropriate
- preservation of evidentiary integrity of seized property
These safeguards ensure lawful management of property connected with offences.
Procedure or Legal Framework
The procedural framework under Section 107 BNSS generally includes
- identification of property connected with alleged offence
- judicial satisfaction regarding necessity of attachment
- issuance of attachment order
- preservation of property during proceedings
- forfeiture where legally justified
- restoration upon determination of lawful entitlement
The court may pass appropriate interim or final orders depending on circumstances of the case.
Judicial Interpretation
Courts have consistently emphasized that attachment and forfeiture of property must follow strict statutory safeguards and respect ownership rights.
In State of Maharashtra v. Tapas D. Neogy (1999) 7 SCC 685, the Supreme Court recognized that property connected with criminal activity may be attached to secure investigation.
In Nevada Properties Pvt. Ltd. v. State of Maharashtra (2019) 20 SCC 119, the Court clarified limits of police seizure powers and emphasized judicial supervision over property-related proceedings.
In Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, the Supreme Court stressed that seized property should not remain unnecessarily in custody and should be restored to rightful owners wherever appropriate.
These decisions reinforce the importance of judicial discretion under Section 107 BNSS.
Importance of the Provision
Section 107 BNSS is important because
- it enables preservation of property connected with offences
- it prevents misuse or disposal of evidentiary materials
- it ensures lawful forfeiture where applicable
- it protects rights of rightful claimants through restoration
The provision plays a significant role in balancing investigative needs with property rights.
Connection with Other Sections
Section 107 BNSS operates alongside related provisions governing search, seizure, and disposal of property
- Section 106 BNSS – Power of police officer to seize certain property
- Section 104 BNSS – Disposal of things found in search beyond jurisdiction
- Section 109 BNSS – Power to impound document, etc., produced
- Section 85 BNSS – Attachment of property of person absconding
Corresponding Provision under Old Law
Section 107 BNSS corresponds functionally to Section 102 read with Sections 451 and 452 of the Code of Criminal Procedure, 1973, relating to custody and disposal of property during proceedings.
Illustrative Example
During investigation of a financial fraud case, the court orders attachment of a bank account suspected to contain proceeds of the offence. After trial, the court determines that part of the amount belongs to the complainant and orders restoration accordingly. This action is consistent with Section 107 BNSS.
Conclusion
Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides courts with authority to attach, forfeit, and restore property connected with criminal proceedings. By ensuring preservation of evidentiary material and protection of lawful ownership rights, the provision strengthens fairness and effectiveness of criminal justice administration.
