BNSS Section 107: Attachment, forfeiture or restoration of property that is the proceeds of crime (2026)
What Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows: the attachment, forfeiture, and restoration of property that is the proceeds of crime. A new power in the BNSS, how it works, and the safeguards. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Crime often leaves a money trail. Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives the criminal courts a direct power to attach, forfeit, and restore property that is the proceeds of crime, so that the gains of an offence can be taken away and returned to victims. This is a new power. The old Code of Criminal Procedure, 1973 (CrPC) had no single provision of this kind, so Section 107 is one of the real additions in the BNSS. This explainer sets out what it allows, the steps and safeguards, and the open questions around it. Last verified October 2026.
- What it is: Section 107 of the BNSS lets a court attach, forfeit, and restore property that is the proceeds of crime.
- Who moves it: the police apply during investigation, with the approval of a Superintendent or Commissioner of Police.
- Outcome: property found to be proceeds of crime can be distributed pro rata to victims; unclaimed property is forfeited to the Government.
- Old section: none. This is a new power, not a renumbered CrPC provision.
- Watch this space: its constitutional validity is reported as under challenge before the Supreme Court.
01Why this power was added
For many crimes, the harm is financial. The offender keeps the money, and the victim is left with nothing. Under the old CrPC, taking away the gains of crime and returning them to victims was slow and scattered across different provisions and special laws.
Section 107 brings this into the main criminal procedure code. It lets the court that handles the case also deal with the money, by attaching property that looks like the proceeds of crime, and then deciding what happens to it. The aim is to stop an offender enjoying the fruits of the offence while the trial drags on.
This fills a real gap, but it is also a strong power over property, so it comes with conditions and is drawing legal scrutiny.
02What Section 107 allows
Section 107 lets a court attach property that is the proceeds of crime, on an application by the police made during investigation. In plain terms:
- The power is used for property that is the proceeds of crime, meaning property derived or obtained from a criminal activity.
- A police officer applies to the court during the investigation, and the application must be approved by a Superintendent or Commissioner of Police.
- The court can issue a notice to the person who holds the property and, in an urgent case, can make an ex parte interim order of attachment.
- If the court finds the property is proceeds of crime, it can order pro rata distribution to the victims. Property with no claimant is forfeited to the Government.
Section 107 lets the trial court itself take away the gains of crime and route them to victims, rather than leaving that to a separate forfeiture process.
Section 107 is a procedure provision. It does not create a crime and has no sentence of its own. The offence being investigated is what decides the labels of cognizable or bailable.
03The steps: attachment to restoration
The provision runs in a sequence, from the police request to the final order on the property.
- Application: during the investigation, the police apply to the court to attach the property, with the approval of a senior officer.
- Notice and hearing: the court issues a notice to the person holding the property, who is given time to show cause. Reported decisions describe a 14 day window to respond and a reasonable opportunity of hearing before attachment.
- Interim attachment: in an urgent case the court can pass an ex parte interim order to stop the property being moved.
- Finding and distribution: if the court finds the property is proceeds of crime, it can order distribution to victims, pro rata. Property with no claimant is forfeited to the Government.
Attachment is a court order, not a police act
Courts have drawn a line between seizure and attachment. Seizure of a thing can be done by the police with a report to the Magistrate, but attachment of property under Section 107 can be done only on the order of the court. On this reasoning, investigating agencies cannot freeze a bank account on their own and must come to the court under Section 107.
04A new provision, not a renumbering
Section 107 is a new power. The old CrPC had no single section that matched it. So, unlike most of the BNSS, this is not a renaming of an old provision.
| Subject | Old law (CrPC, 1973) | New law (BNSS, 2023) |
|---|---|---|
| Attachment, forfeiture, restoration of proceeds of crime | No single equivalent | Section 107 (new) |
Because it is new, there is little settled case law, and early High Court decisions are shaping how it is read. This makes Section 107 a provision to watch, and one to apply with care.
05Safeguards and open questions
Section 107 is a strong power over property, so the safeguards and the gaps both matter.
- Senior approval: the police application needs the approval of a Superintendent or Commissioner of Police, which is a check before the court is moved.
- Court control: the attachment is ordered by the court, with notice and a hearing, not by the police alone.
- Open questions: commentators point out that the section does not set a clear time limit for how long an attachment can last, and that the route to return property to an owner who is later cleared is not fully spelt out. The constitutional validity of Section 107 has been challenged, and that challenge is reported as pending before the Supreme Court.
For the wider shift from the CrPC to the BNSS, this is one of the clearest examples of a genuinely new tool, not a renumbered one.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Section 107 is fresh law, so its shape is being set one High Court ruling at a time, and staying current is what counts. Claw searches a bank of more than 30 crore judgments and returns answers in under five seconds, so you can trace how courts are reading attachment, the notice step, and the line drawn between a police seizure and a court-ordered attachment. Alongside the research, Claw follows cases, orders and hearings across 9,102 courts, benches and forums, so an attachment proceeding can be watched by party or advocate name as it travels from the trial court upward. Sign up for a free Claw account to run these searches on the proceeds-of-crime cases you are handling. The hub for research across every court is case search across Indian courts.
Claw is built for research and tracking, not as a substitute for counsel, and it does not use customer case documents to train its AI models.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Analysis of Section 107 BNSS (commentary): thelegallock.com
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 107 and take advice from counsel before you act.
08Frequently asked questions
What is Section 107 of the BNSS?
Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a court attach property that is the proceeds of crime, on a police application made during investigation and approved by a senior officer. If the court finds the property is proceeds of crime, it can distribute it to victims, and unclaimed property is forfeited to the Government.
Which old CrPC section does Section 107 replace?
None directly. Section 107 is a new power in the BNSS. The old Code of Criminal Procedure, 1973 did not have a single provision for attaching, forfeiting, and restoring the proceeds of crime in this way.
Can the police attach property on their own under Section 107?
No. Attachment under Section 107 is ordered by the court. Courts have held that while the police can seize a thing with a report to the Magistrate, attaching property, including freezing a bank account, needs an order under Section 107.
What happens to the attached property?
If the court finds the property is proceeds of crime, it can order pro rata distribution to the victims of the crime. Property for which there is no claimant stands forfeited to the Government.
Does Section 107 carry any punishment?
No. Section 107 is a procedure provision, not an offence. It has no sentence of its own. The offence being investigated decides whether it is cognizable or bailable.
Can I track an attachment case under Section 107 in Claw?
Yes. With a free Claw account you can watch a Section 107 attachment matter move across 9,102 courts, benches and forums by party or advocate name, and search over 30 crore judgments in under five seconds on attachment and forfeiture questions. Claw does not give legal advice.