Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 115: Assistance in relation to orders of attachment or forfeiture of property
(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).
(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order.
(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.
Brefe Detail
This section outlines the procedures for the attachment or forfeiture of property believed to be obtained through criminal activity. It allows Indian courts to issue orders for such actions, especially if the property is located in a contracting state, and facilitates cooperation with foreign authorities in executing these orders.
Question & Answers
What does Section 115 address?
It addresses the attachment or forfeiture of property derived from criminal activity and the cooperation between Indian courts and contracting states.
What can a Court in India do if it believes property is derived from an offence?
The Court may issue an order of attachment or forfeiture of that property.
What happens if the suspected property is in a contracting State?
The Court can issue a letter of request to the relevant authority in that contracting State to execute the order of attachment or forfeiture.
How does the Central Government act on a request from a contracting State?
The Central Government may forward the request to the appropriate Court in India for execution as per the relevant provisions of law.
Example
- A Court in India suspects that a luxury car owned by an individual was purchased using money derived from illegal activities.
- The Court issues an order for the attachment of the car.
- If the car is believed to be in a contracting State, the Court sends a letter of request to the local authority in that state for execution of the order.
- Conversely, if a contracting State requests the forfeiture of property in India, the Central Government forwards the request to a suitable Indian Court for action.
Summary
Section 115 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for attaching or forfeiting property obtained through criminal activities. It facilitates collaboration between Indian courts and authorities in contracting states, ensuring effective enforcement of property laws related to crime.
