Attachment, forfeiture or restoration of property
Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with attachment, forfeiture or restoration of property. Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make a The Act came into force on 01 Jul 2024.
(1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property.
(2) If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made.
(3) Where the notice issued to any person under sub-section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person.
(4) The Court or the Magistrate may, after considering the explanation, if any, to the show-cause notice issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in respect of those properties which are found to be the proceeds of crime:
Provided that if such person does not appear before the Court or the Magistrate or represent his case before the Court or Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte order.
(5) Notwithstanding anything contained in sub-section (2), if the Court or the Magistrate is of the opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, the Court or Magistrate may by an interim order passed ex parte direct attachment or seizure of such property, and such order shall remain in force till an order under sub-section (6) is passed.
(6) If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime.
(7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to effect such distribution.
(8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government.
Section 107, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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A.suresh vs The State Rep by
Court's Decision & Legal Precedent
Property acquired by an offence other than those listed in section 410 IPC is proceeds of crime and not stolen property, and the police power of seizure during investigation is not a power of attachment; where the police wish to reach proceeds of crime the route is an application to the Court or Magistrate under section 107 BNSS (or the Criminal Law Amendment Ordinance 1944), there having been no provision corresponding to section 107 in the Code of Criminal Procedure, 1973. The power of attachment is vested in the Court and can be exercised only after notice to the person in possession, so a police officer cannot exercise it indirectly by making a seizure.
On this section: Sets out section 107 in full and holds that it, and not a police seizure, is the only lawful route to attachment or forfeiture of proceeds of crime, directing return of all seized documents except the one title deed connected to the offence.
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Kr Rananjay Onkar@ranjay Onkar Singh@rananjay Onkar Singh@rananjay Onkar Kr@kr Rananjay Onkar vs The State of Bihar through the Superintendent of Police
Court's Decision & Legal Precedent
A writ challenge to the police station entries on which a Superintendent of Police founded an application under section 107 BNSS for forfeiture of property is premature where the Magistrate has done no more than issue the show-cause notice contemplated by the section; the objection that the investigating officer had no material to conclude that the property was earned by illegal acts must be taken in the section 107 proceeding itself.
On this section: Refuses to interfere at the notice stage of a section 107 attachment proceeding, leaving the person noticed to contest before the Magistrate that his property is not proceeds of crime.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The immovable property cannot be seized or attached by a police officer during a criminal probe under the exercise of power under Section 102 of Cr. P.C ( Nevada Properties Private Limited through its Directors v. State of Maharashtra , AIR 2019 SC 4554). Even as per the newly introduced Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to order attachment of property categorized as "proceeds of crime" during an ongoing investigation vest only with the court at the request of a police officer conducting the investigation, that too after giving a show cause notice and reasonable opportunity …
Questions about Section 107
What have the courts held on Section 107 of the Bharatiya Nagarik Suraksha Sanhita?
A.suresh vs The State Rep by (19 Dec 2024) is the leading judgment on this section among those set out below: Sets out section 107 in full and holds that it, and not a police seizure, is the only lawful route to attachment or forfeiture of proceeds of crime, directing return of all seized documents except the one title deed connected to the offence. Another 1 judgment on this section is set out below. They run from 2024 to 2025.
How do I find court cases under Section 107 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 107, section 107 BNSS, section 107 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 107 in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with A.suresh vs The State Rep by (19 Dec 2024).
When did Section 107 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 107 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 107, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.