A police officer, X, while investigating in a financial fraud matter, finds that one of the suspects…
Section 107(5) permits an interim ex parte attachment or seizure where giving notice would defeat the object of preserving the property. A suspect about to flee with a yacht…
Choose your answer
A police officer, X, while investigating in a financial fraud matter, finds that one of the suspects has purchased a luxury yacht, which X believes that the same is derived as a result of criminal activity, and is about to flee to a foreign country immediately. X immediately, with the approval of the superintendent of the police, applies to the Court for taking cognizance of the offence. Under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which one of the following steps the Court may take?
Answer and explanation
Correct answer B
Section 107(5) permits an interim ex parte attachment or seizure where giving notice would defeat the object of preserving the property. A suspect about to flee with a yacht believed to derive from crime presents that urgency. The ordinary show-cause period is fourteen days, but the express interim exception allows the Court to act before notice without first reaching a final proceeds-of-crime determination.
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