Attachment, forfeiture or restoration of property.
What this section does
A police officer investigating a case may, with approval of the Superintendent or Commissioner of Police, apply to the competent Court or Magistrate for attachment of property believed to be proceeds of crime. The Court or Magistrate issues a show-cause notice giving the person fourteen days to respond, and may pass an attachment order or, where notice would defeat the purpose, an ex parte interim attachment order. If the property is confirmed as proceeds of crime, the Court directs the District Magistrate to distribute it rateably to affected persons within sixty days; any unclaimed surplus is forfeited to the Government.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Police officer · Superintendent of Police · Commissioner of Police · Court · Magistrate · District Magistrate · Affected persons
- Time limit
- Show-cause notice: 14 days to respond; District Magistrate to distribute within 60 days of order
Read the official text
For the binding statutory text of BNSS Section 107, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 107 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.