Corruption Challenges – Lokpal, POCA, etc

Section 107 of the BNSS

Note4Students

From UPSC perspective, the following things are important :

Prelims level: BNSS, Section 107

Why in the News?

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.

Its significance

  • Empowers Law Enforcement: It allows attachment of property during investigations, preventing criminals from hiding or transferring assets.
  • Faster Relief for Victims: It enables quick distribution of proceeds of crime to affected persons even before the trial concludes.
  • Stronger Deterrence: It acts as a deterrent by allowing the forfeiture of criminally acquired assets, impacting offenders financially.
  • State-Level Enforcement: It empowers State governments to manage proceeds of crime, providing more localized control.

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.

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now

Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments

JOIN THE COMMUNITY

Join us across Social Media platforms.

💥Mentorship New Batch Launch
💥Mentorship New Batch Launch