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BNSS s.107 has dual contexts: (1) preventive security (often cross-referenced as 126/127 BNSS vs CrPC 107, applicable only on repeated crimes/threat to peace by Executive Magistrate); (2) novel property attachment (post-seizure under s.106, Magistrate approval required, curing CrPC gaps). Applicability hinges on BNSS enforcement date (post-01.07.2024) per s.531, favoring procedural compliance to avoid quashing. ["Syed Ali Akbar Khan, S/o. Pookoya Thangal VS State Of Kerala - Kerala"] ["Kartik Yogeshwar Chatur vs Union of India - Bombay"] ["D.C. Aravind S/o Late D.A. Chandregowda vs State Of Karnataka Represented By Station House Officer of Hassan Extention Police Station - Karnataka"] ["Vicky Kumar @ Kashyap vs State of Odisha - Orissa"]
In the evolving landscape of India's criminal justice system, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) introduces significant updates to address gaps in the erstwhile Code of Criminal Procedure, 1973 (CrPC). One such provision is Section 107 BNSS, which empowers police to seek attachment of property believed to be derived from criminal activities. But what exactly is the 107 BNSS applicability? This blog post delves into its scope, procedure, and practical implications, drawing from legislative intent and judicial interpretations. Whether you're a law enforcement officer, legal practitioner, or individual facing investigation, understanding this provision can be crucial.
Note: This article provides general information based on available sources and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
Section 107 of the BNSS is a newly introduced provision that enables the attachment, forfeiture, or restoration of property believed to be derived or obtained, directly or indirectly, from criminal activity or the commission of an offence. It applies during police investigations where there is reason to believe the property qualifies as proceeds of crime. This addresses a key lacuna in the CrPC, which lacked a specific mechanism beyond general seizure powers under Section 102 CrPC (now Section 106 BNSS).Headstar Global Private Limited vs State of Kerala - 2025 0 Supreme(Ker) 1714Headstar Global Pvt. Limited, Represented By Its Director/ Authorized Signatory, Sreekumar C.S., S/o. Sreedharan Nai vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam, Kochi - 2025 0 Supreme(Ker) 2525
The provision fills a critical void, as prior CrPC decisions primarily focused on jurisdictional validity, property definition, or suspicion of crime linkage under Section 102, without a dedicated tool for crime-derived assets.Headstar Global Private Limited vs State of Kerala - 2025 0 Supreme(Ker) 1714
Here are the core elements defining Section 107 BNSS applicability:
The BNSS, effective from July 1, 2024, repeals the CrPC and modernizes procedures. Section 107 was incorporated to cure the absence of direct provisions for seizing proceeds of crime in domestic investigations. Retaining Section 102 CrPC as Section 106 BNSS, the new law adds Section 107 for judicially overseen attachments. This ensures a balanced approach with oversight, distinguishing it from ad-hoc seizures. The repeal of the Cr.P.C. led to the dismissal of petitions filed under it after the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing that future filings must comply with the new law.Abhishek Jain VS State of U. T. Chandigarh - 2024 Supreme(P&H) 416
Section 531 BNSS acts as a saving clause, allowing applicability of old CrPC provisions in certain ongoing matters, facilitating smooth transition. The other provision is also clear that under Section 531 of BNSS, there is a saving clause while repealing Cr.P.C. regarding applicability of the old Act also.K. Ramakrishna VS Assistant Director, Directorate of EnforcementK. Ramakrishna, S/o. Late Sri Krishnaiah VS Assistant Director, Directorate Of Enforcement, Bengaluru Zonal Office, Bengaluru - 2024 Supreme(Kar) 573
The provision activates during an investigation when a police officer has reason to believe that property stems from criminal activity. The full text states: 107. Attachment, forfeiture or restoration of property (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.Headstar Global Pvt. Limited, Represented By Its Director/ Authorized Signatory, Sreekumar C.S., S/o. Sreedharan Nai vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam, Kochi - 2025 0 Supreme(Ker) 2525
Key procedural safeguards include:1. Reasonable Belief: Must be documented robustly.2. Hierarchical Approval: From SP or Commissioner.3. Judicial Application: To the jurisdictional court/Magistrate for attachment order.
This setup ensures oversight from the outset, preventing misuse.
Unlike CrPC Section 102/BNSS 106, whose validity doesn't depend on post-seizure reporting, Section 107 specifically targets proceeds of crime. Precedents under old law challenged seizures on grounds like jurisdiction or insufficient nexus, but BNSS provides clearer contours. It operates prospectively and doesn't retroactively impact pre-BNSS seizures. Challenges may still arise on lack of jurisdiction, improper property classification, or weak crime nexus.Headstar Global Private Limited vs State of Kerala - 2025 0 Supreme(Ker) 1714
Recent cases underscore BNSS's broader applicability shifts. For instance, petitions under repealed CrPC sections post-July 2024 are non-maintainable, directing parties to BNSS equivalents. Petitions filed under the repealed Cr.P.C. after 01.07.2024 are not maintainable.Abhishek Jain VS State of U. T. Chandigarh - 2024 Supreme(P&H) 416
Courts have clarified BNSS applicability in varied contexts, reinforcing procedural rigor:
In bail matters, Section 479 BNSS (ex-Section 436A CrPC) doesn't automatically apply for undertrials in serious cases like PMLA frauds involving crores, despite custody duration. When offences are different as well as when more number of cases are registered against petitioner, he cannot invoke proviso under Section 479 of BNSS seeking relief on the ground of one third punishment.K. Ramakrishna VS Assistant Director, Directorate of EnforcementK. Ramakrishna, S/o. Late Sri Krishnaiah VS Assistant Director, Directorate Of Enforcement, Bengaluru Zonal Office, Bengaluru - 2024 Supreme(Kar) 573
For FIR registration, exhaust remedies under BNSS Section 175(3) (ex-156(3) CrPC) before writs. The requirement of making an application to the Superintendent of Police... has been made mandatory.Manjula Daughter of Late Rati Kanta Sarma vs State of Assam Represented by The Commissioner and Secretary - 2025 Supreme(Gau) 609
Investigations must conclude without delay per Section 193 BNSS (ex-173 CrPC). Completion of investigation without unnecessary delay is the mandate of the law.Siyaram Giri Goswami VS State of M. P. - 2025 Supreme(MP) 65
These rulings highlight BNSS's emphasis on structured processes, mirroring Section 107's approval and application mandates.
No explicit exceptions exist, but applicability hinges on:- Ongoing investigation.- Reasonable belief linked to specific offence.- Prior approval.
Limitations prevent arbitrary use, with courts verifying linkages akin to CrPC precedents. For police: Document beliefs thoroughly and secure approvals. For courts: Scrutinize nexus. In transitional cases, invoke Section 531 BNSS. Headstar Global Private Limited vs State of Kerala - 2025 0 Supreme(Ker) 1714Headstar Global Pvt. Limited, Represented By Its Director/ Authorized Signatory, Sreekumar C.S., S/o. Sreedharan Nai vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam, Kochi - 2025 0 Supreme(Ker) 2525
Section 107 BNSS marks a proactive step in tackling crime proceeds, enhancing investigative tools with judicial checks. Its applicability during probes with reasoned belief and approvals bridges CrPC gaps, promoting accountability.
Key Takeaways:- Triggers on 'reason to believe' property is crime-derived.- Requires SP/Commissioner nod and court application.- Complements, doesn't replace, Section 106 seizures.- Backed by savings clause for transitions.
Stay informed on BNSS updates, as courts continue shaping its application. For personalized advice, reach out to legal experts.
References: Headstar Global Private Limited vs State of Kerala - 2025 0 Supreme(Ker) 1714, Headstar Global Pvt. Limited, Represented By Its Director/ Authorized Signatory, Sreekumar C.S., S/o. Sreedharan Nai vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam, Kochi - 2025 0 Supreme(Ker) 2525, K. Ramakrishna VS Assistant Director, Directorate of Enforcement, K. Ramakrishna, S/o. Late Sri Krishnaiah VS Assistant Director, Directorate Of Enforcement, Bengaluru Zonal Office, Bengaluru - 2024 Supreme(Kar) 573, Abhishek Jain VS State of U. T. Chandigarh - 2024 Supreme(P&H) 416, Manjula Daughter of Late Rati Kanta Sarma vs State of Assam Represented by The Commissioner and Secretary - 2025 Supreme(Gau) 609, Siyaram Giri Goswami VS State of M. P. - 2025 Supreme(MP) 65
#BNSS107, #ProceedsOfCrime, #LegalUpdate
Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) is the analogues to Section 107 of Cr.PC. Section 130 of BNSS is corresponding to Section 111 of Cr.PC. 12. ... In this connection, it is held that mere involvement in one crime is not a reason to invoke Section 107 of Cr.P.C or Section 126 of BNSS. Similarly involvement in two crimes also is not a reason to invoke the provisions. ... It is specifically made clear that mere quashment of this preliminary order d....
BNSS ) which reads as follows:- “107. Security for keeping the peace in other cases:- Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred to as BNSS ) with a prayer for setting aside of the impugned order dated 25.03.2025. 3. ... Counsel alternatively argued that the prosecution under Section 107 of the CrPC is under the exclusive domain of the Executive Magistrate and therefore Ld. ... – PNB/CBR that he threaten the villagers with dire consequences and I also submit a Non FIR prosecution....
State of Odisha (CRLMC No.3669 of 2025, decided on 24.11.2025) at Anneuxre-5, submitted before this Court that in an identical matter, this Court has laid down the law with regard to the applicability of Section 187(3) of the BNSS. ... Learned counsel for the Petitioner, at this juncture, contended that while passing the impugned order dated 07.11.2025, the trial court has not taken note of the aforesaid judgment as the same was not available at the time of hearing of such application under Section 187(3) of BNSS. ... Further, the matter ....
The other provision is also clear that under Section 531 of BNSS, there is a saving clause while repealing Cr.P.C. regarding applicability of the old Act also. ... The learned counsel contend that the judgment of the Apex Court is very clear that BNSS is applicable. 3. ... It is important to note that Section 479 of BNSS makes it clear that the benefit of first proviso to Section 479 is subject to Section 479(2) of BNSS and the Court has to take note of the third proviso, thereof, wherein investigation....
The other provision is also clear that under Section 531 of BNSS, there is a saving clause while repealing Cr.P.C. regarding applicability of the old Act also. ... The learned counsel contend that the judgment of the Apex Court is very clear that BNSS is applicable. 3. ... It is important to note that Section 479 of BNSS makes it clear that the benefit of first proviso to Section 479 is subject to Section 479(2) of BNSS and the Court has to take note of the third proviso, thereof, wherein investigation,....
Learned counsel for the Petitioners further submitted that since the FIR was registered on 17.03.2025, there exists no doubt with regard to the applicability of the procedural law, i.e. either the erstwhile Cr.P.C., 1973 or the BNSS, 2023. ... He further contended that since the BNSS, 2023 has repealed the Cr.P.C., as is evident from Section 531 of BNSS, 2023 the present case is to be tried under the provisions of the BNSS, 2023. ... A plain reading of Section 531 of the BNSS, 2023 w....
the BNSS, 2023. ... Applicability of old code on pending matters prevents any retrospective adverse effects that might arise from the sudden application of new legal provisions to ongoing cases. 6.3. ... BNSS shall continue to be governed by the old Code i.e. ... In the instant case, we are concerned with the saving clause contained in Sub Section 531(2)(a) BNSS. ... On perusal of the above FIR clearly reveals that the FIR was registered on 02.12.2023 i.e., prior to coming into force of the Bharatiya Nagarik Su....
The key expression to attract the applicability of section 6 of The General Clauses Act, 1897 is "unless a different attention appears". ... 531(2)(a) of BNSS. ... provision contained in BNSS. ... terms of Section 531 of BNSS. ... The words "same provisions" essentially mean provisions of BNSS as referred to in sub-section 1 of Section 4 of BNSS.
BNSS reads as under : “1. Short title, extent and commencement.- (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita , 2023.
Chapter IX of the BNSS, 2023, deals with security for keeping the peace and for good behaviour. The said provisions in Chapter IX of the BNSS, 2023, were earlier Sections 160, 107, 108, 109 and 110 of Chapter VIII of the Cr.P.C., respectively. 11.2. ... Section 107 deals with 'Security for keeping the peace in other cases'. ... Applicability of Section 167 of Cr.P.C is also ruled out before Executive Magistrate. Under these circumstances, the Executive Magistrate had obviously no power, jurisdiction or ....
a. First, the requirement of making an application to the Superintendent of Police upon refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the applicant making an application under Section 175[3] is required to furnish a copy of the application made to the Superintendent of Police under Section 173[4], supported by an affidavit, while making the application to the Magistrate under Section 175[3]. 31. A comparison of Section 175[3] of the BNSS with Section 156[3] of the CrPC indicates three prominent changes that have been introduced b....
(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistra....
9. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482(2) of BNSS. 8. Applicant is directed to cooperate with the investigating agency and shall submit all the documents and intimate photographs of victim that are in his possession to the investigating agency and victim too. Applicant shall also handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation and if any objecti....
6. Section 173(1) of Cr.P.C./193 of BNSS reads as under : “173. Report of police officer on completion of investigation.— (1) Every investigation under this Chapter shall be completed without unnecessary delay.” 7. Thus, completion of investigation without unnecessary delay is the mandate of the law. The Investigating Officer cannot keep the investigation pending and he has to come to a conclusion that whether any offence is made out or not? It is obligatory on the part of the Investigating Officer to conclude the investigation, as early as possible, and to file the f....
b. Secondly, the Magistrate has been empowered to conduct such enquiry as he deems necessary before making an order directing registration of FIR. b. Considering the assertions made by the accused public servant as regards the situation that led to the occurrence of the alleged incident. a. First, the requirement of making an application to the Superintendent of Police upon refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the applicant making an application under Section 175(3) is required to furnish a copy of the application made to the Supe....
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