Define 'fugitive economic offender' and write measures that can be taken under Fugitive Economic Offenders Act, 2018, for attachment of property and what are the provisions regarding confiscation of property, once a pers
CS Professional · Governance, Risk Management, Compliances and Ethics · PYQS · December 2024
Define 'fugitive economic offender' and write measures that can be taken under Fugitive Economic Offenders Act, 2018, for attachment of property and what are the provisions regarding confiscation of property, once a person is declared as a fugitive economic offender?
Answer & Explanation:
According to Fugitive Economic Offenders Act, 2018, "Fugitive Economic Offender" means any individual against whom a warrant for arrest in relation to a Scheduled Offence has been issued by any Court in India, who- has left India so as to avoid criminal prosecution; or being abroad, refuses to return to India to face criminal prosecution; Attachment of the property of a fugitive economic offender and proceeds of crime (Section 5) The Director or any other officer authorised by the Director, not below the rank of Deputy Director, may, with the permission of the Special Court, attach any property mentioned in the application under section 4 by an order in writing in such manner as may be prescribed. Notwithstanding anything contained in sub-section (1) or section 4, the Director or any other officer, not below the rank of Deputy Director, authorised by the Director, may, by an order in writing, at any time prior to the filing of the application under section 4, attach any property- for which there is a reason to believe that the property is proceeds of crime, or is a property or benami property owned by an individual who is a fugitive economic offender; and which is being or is likely to be dealt with in a manner which may result in the property being unavailable for confiscation: Provided that the Director or any other officer who provisionally attaches any property under this subsection shall, within a period of thirty days from the date of such attachment, file an application under section 4 before the Special Court. The attachment of any property under this section shall continue for a period of one hundred and eighty days from the date of order of attachment or such other period as may be extended by the Special Court before the expiry of such period. Confiscation (Section 12) If the alleged person is found to be a fugitive economic offender, then the special court may confiscate all the properties which are acquired from the proceeds of crime, Benami Property. All the rights of this confiscated property shall solely vest with the central government. The central government has all the right to dispose of these properties after 90 days of confiscation.
Topics: Fugitive Economic Offenders Act, 2018
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