BNSS Section 86: Identification And Attachment Of Property Of Proclaimed Person
Code: Section 86 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the process of seeking assistance from a Court or an authority in another State for identifying, attaching, and forfeiting property belonging to a proclaimed person. It essentially provides a mechanism for cross-border cooperation in criminal investigations and asset recovery. Here is a review on what identification and attachment of property of proclaimed person in this section deals with:
Illustration: Imagine a person accused of a serious crime in State A flees to State B and hides assets there. The police in State A, under Section 86, can request the assistance of a Court or authority in State B to:
- Identify the proclaimed person’s assets in State B.
- Attach those assets to prevent their disposal.
- Forfeit the assets to the State, if the person is eventually convicted.
Common Questions and Answers:
Q: Who can request assistance under Section 86 in Identification And Attachment Of Property Of Proclaimed Person?
A: A police officer not below the rank of Superintendent of Police or Commissioner of Police can submit a written request to the Court.
Q: What procedure is followed for seeking assistance in Identification And Attachment Of Property Of Proclaimed Person?
A: The procedure is detailed in Chapter VIII of the BNSS, which likely includes requirements for documentation, evidence, and communication between the authorities of the two States.
Q: What are the legal grounds for attaching and forfeiting property under Section 86?
A: The specific grounds for attachment and forfeiture would depend on the applicable laws. This includes both the originating and the assisting States. The BNSS itself doesn’t define these grounds.
Q: Is this section applicable only to cases involving proclaimed offenders?
A: While the wording of the section mentions “proclaimed person,” the principle of cross-border cooperation for asset recovery could potentially apply to other situations as well, depending on the specific circumstances.
