Assistance in relation to orders of attachment or forfeiture of property
AI Assist
Summary
A court may attach or forfeit property it reasonably believes was obtained, directly or indirectly, from an offence. If the property appears to be in a contracting State, the court can send a letter of request to that State for execution. If a contracting State asks India to act, the Central Government can forward that request to an appropriate Indian court for execution under the relevant law.
Example
Rohan is accused of embezzlement and is found to own a flat in a contracting State. The Indian court may order attachment or forfeiture of that flat and send a letter of request to the foreign authority to execute the order. If the foreign authority sends a request to India, the Central Government can forward it to an Indian court for execution under the relevant law.
Bare Act
Enacted text(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.
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