Introduction to Section 107 BNSS / Attachment and Forfeiture of Property
Section 107 BNSS deals with the rules and powers related to attaching, forfeiting, or restoring property that is believed to have been acquired through criminal activity. It empowers the police and the court to secure such property so that it can’t be misused, hidden, or transferred before the trial. This section ensures that any money or assets gained through crime can be returned to the victims or, if no one claims it, forfeited to the government. It brings fairness and justice in handling criminal proceeds.
What is BNSS Section 107 ?
BNSS Section 107 deals with the attachment, forfeiture, or return of property that is suspected to be obtained from a criminal activity. If a police officer believes that any property is related to a crime, he can request the court to freeze or attach it. The court may order seizure, give the accused a chance to explain, and later distribute the money from the property to the affected people. If no one claims it, the money goes to the government.
BNSS Section of 107 in Simple Points
1. Seizing Property Related to Crime
If a police officer finds any property that might be connected to a crime—whether it was used in the crime or earned because of the crime—they can take it into their control. This helps to prevent the accused or others from hiding or destroying the property. It ensures the property can be used as evidence in court. But the officer must report this to a Magistrate to make the action official and lawful. This step helps maintain fairness during the investigation.
2. Magistrate’s Role in Confirming Seizure
After the police officer takes such property, the Magistrate has to decide what to do with it. If the item is clearly important for the case, the Magistrate may order it to be kept safely or given to someone responsible until the court decides. The Magistrate can also call the original owner to prove that it belongs to them. This keeps the investigation legal and protects innocent people from losing their property.
3. Auction of Perishable Items
If the seized item is something that can get spoiled or damaged quickly (like food or flowers), and the owner is unknown or missing, the police can sell it through a quick auction. This avoids waste. If the item is worth less than ₹500, the Superintendent of Police can order its auction immediately. The money received from the sale is safely kept until the court decides who should get it. This keeps things practical and fair.
4. Giving Property on Bond if It Can’t Be Moved
Sometimes, the seized property is too big or heavy to be kept at the police station (like a vehicle or machine). In such cases, the officer can give it to a trustworthy person to hold, but only after they sign a bond (legal promise). That person must promise to present the item in court whenever asked. If they break this promise, legal action can be taken. This helps protect the property without needing to move or store it.
5. Protecting Owner’s Rights and Fair Use
The section also protects the rights of the real owner. If someone’s property is wrongly seized, they can prove their ownership and ask the court to return it. The law allows them to speak in court and present documents. The Magistrate will only take final action after hearing from everyone. This ensures that the law is fair and that innocent people are not punished. It maintains trust in the justice system.
Section 107 of BNSS Overview
BNSS Section 107 allows the police to apply to the Magistrate or court to attach (temporarily take control of) any property suspected to be gained through criminal acts. If proven, the property can be permanently taken (forfeited), distributed to the victims, or returned to the rightful owner. This ensures that criminals do not benefit from illegal earnings and that justice is served to the victims.
BNSS Section 107 – 10 Key Points
1. Power to Take Custody of Property Linked to Crime
BNSS Section 107 empowers police officers or investigating authorities to take control of any property that is believed to be linked to a crime. This includes items used to commit a crime or obtained as a result of criminal activities. The aim is to prevent the accused or any third party from misusing or hiding such property during the investigation or trial process. This ensures transparency and helps in maintaining law and order. The section protects crucial evidence from being destroyed. The power, however, must be used carefully and lawfully. It is a preventive measure to support fair investigation.
2. Involvement of Magistrate in the Seizure Process
The investigating officer must report the property seizure to the appropriate Magistrate, ensuring that no misuse of power occurs. The Magistrate’s role is to supervise and validate that the action is lawful and based on valid suspicion. This judicial involvement maintains a check-and-balance system. Without the Magistrate’s knowledge, the property cannot be used as evidence. This also ensures the rights of the property holder are not violated. The Magistrate can also decide how to deal with the seized property further. Thus, the process becomes more accountable.
3. Attachment of Property Based on Criminal Suspicion
If property is found under suspicious circumstances, even if not proven stolen yet, police have the authority to attach (secure) it. This protects potential evidence from being tampered with. The law does not require absolute proof at this stage—reasonable suspicion is enough. This approach is preventive, not punitive. It helps the police act fast in urgent situations. The attachment is temporary and subject to court review. This supports faster investigation and justice delivery.
4. Immediate Reporting by Subordinate Officers
If the officer seizing the property is not in charge of the police station, he must immediately report the action to the station’s senior officer. This ensures that junior officers don’t misuse their authority. It brings accountability and transparency in every seizure. Senior officers can guide or correct the action if needed. This maintains a chain of command and discipline in the police force. It also builds trust in the investigation process. Every action is reviewed for fairness and legality.
5. Protection of Perishable Property
When the seized property is perishable (like food, flowers, etc.), and the rightful owner is unknown or absent, the law allows immediate auction of such items. This prevents wastage and misuse. If the item is worth less than ₹500, it can be auctioned quickly under the order of the Superintendent of Police. The auction ensures that the value is preserved. The money earned can be used later according to court orders. This is a practical solution to avoid loss. The law balances efficiency and fairness.
6. Handling Property That Cannot Be Moved
If the seized property is too large or heavy to be moved, like machinery or furniture, the police officer may hand it over to a trusted person with a written bond. That person is legally bound to produce the item in court when asked. This reduces the burden of storage for the police. It also prevents damage to large items during unnecessary movement. The bond system adds legal responsibility. It ensures the property stays safe until court proceedings. The law here focuses on practicality and accountability.
7. Legal Bond Ensures Property Returns to Court
The person who receives the seized property on bond has to sign an undertaking that they will return the property when required and follow any court instructions regarding it. If the person breaks this bond, legal action can be taken against them. This bond ensures that even if the property is out of police custody, it is not out of control. It’s a smart system that avoids overcrowding in police storage. The law ensures responsibility is transferred with documentation. It supports efficiency without compromising justice.
8. Role of Superintendent in Auctioning Perishable Goods
The law clearly states that only the Superintendent of Police can authorize the auction of perishable property under this section. This prevents misuse by lower-level officers. It adds a senior-level review before any auction. The money received from the auction is treated as a substitute for the original item. Later, the court decides how this money will be distributed. This ensures transparency in handling public or private goods. The involvement of a senior officer protects rights and avoids corruption. The law supports integrity and fairness.
9. Legal Safeguards for Property Owner’s Rights
Even though police have power to seize, the law includes multiple safeguards to protect the rights of the property owner. They get a chance to explain, claim, or provide proof of ownership. The Magistrate must hear both sides before taking any final step. If the property belongs to someone else unknowingly caught in the case, they can get it back with proof. This ensures that innocent people are not punished. The law ensures fair treatment to all parties. This is the essence of natural justice.
10. Application of Other Legal Provisions
BNSS Section 106 mentions that Sections 503 and 504 (related to disposal of property and auction procedures) will apply to the proceeds from the auction. These sections ensure that everything from auction process to money distribution is done as per law. They provide a structured and fair method to handle the property and proceeds. This avoids confusion or conflict later in the trial. It gives legal clarity on what happens after seizure or auction. The reference to other laws adds depth and protection to the whole process.
Example 1:
A person is caught running an illegal online scam and earns ₹20 lakhs from it. During the investigation, the police find that this money is deposited in a bank account. With approval from the Superintendent of Police, the police apply to the Magistrate under Section 107 to attach this bank account. The court approves and freezes the account so that the criminal cannot use or transfer the money.
Example 2:
A builder is arrested for cheating homebuyers by collecting money and never delivering flats. The court finds that the builder bought land using the cheated money. Under BNSS Section 107, the court orders the attachment of the land. Later, after the trial, the court orders that the land be sold and the proceeds distributed among the victims.
Section 107 of BNSS Short Information
| Key Point Title | Explanation (In Simple Terms) |
|---|---|
| 1. Power to Attach Property | A police officer can request the court to attach property that may have come from criminal activity, but only after getting approval from a senior officer. |
| 2. Show Cause Notice | The court must issue a notice to the person who holds the suspected property and ask them to explain why it should not be attached within 14 days. |
| 3. Ex Parte Action in Urgent Cases | If giving a notice would spoil the purpose (like the property might disappear), the court can attach the property without informing the owner right away. |
| 4. Distribution to Victims | If the property is confirmed as illegal gains, the court tells the District Magistrate to distribute the proceeds fairly to people affected by the crime. |
| 5. Forfeiture to Government | If no one claims the property, or there’s money left after all claims are paid, the remaining amount is taken by the government. |
BNSS Section 107 FAQs
BNSS 107
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