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The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduced Section 107, which addresses "proceeds of crime."
This has raised concerns due to its expansive powers for property attachment and forfeiture, especially amid ongoing discussions about criminal justice and due process.
Section 107 of the BNSS
Section 107 allows police to apply to the court for property attachment during investigations if they believe the property is derived from criminal activities.
Unlike the Prevention of Money Laundering Act (PMLA), this section does not require conditions such as written reasoning or completion of investigations before property attachment.
The section allows for quicker disposal of attached properties, with potential distribution to affected persons within a short timeframe, bypassing lengthy trials.
Courts must issue a notice within 14 days for property attachment; if no representation is made, ex parte orders can be passed.
The intent behind Section 107 is to empower state authorities to handle crime-related properties more efficiently.
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