Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 86: Identification and attachment of property of proclaimed person
The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment, and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.
Brefe Detail
Section 86 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for the identification and attachment of property belonging to a proclaimed person. It allows the Court to act upon a written request from senior police officials to seek assistance from other authorities, particularly in contracting states.
Question & Answers
What is the purpose of Section 86?
The purpose of Section 86 is to enable the identification, attachment, and forfeiture of property belonging to a proclaimed person.
Who can initiate the process under Section 86?
A police officer not below the rank of Superintendent of Police or Commissioner of Police can initiate the process by making a written request.
What is required for the Court to act under this section?
A written request from a qualified police officer is required for the Court to initiate the process.
Which authorities can the Court seek assistance from?
The Court can request assistance from a Court or an authority in the contracting State.
Example
- A Superintendent of Police identifies a proclaimed offender with significant assets in another state. He submits a written request to the local Court to initiate the process for identifying and attaching those assets.
- Following the request, the Court reaches out to the relevant authority in the contracting State to assist in the attachment of the proclaimed person’s property.
Summary
Section 86 provides a framework for law enforcement to collaborate with authorities in other jurisdictions to manage the assets of proclaimed persons. This section ensures that property can be identified and attached effectively, promoting accountability and legal compliance across borders.
