The rampant rise of white-collar crimes and economic offences is ubiquitous and sometimes cited like a gnawing risk to India’s financial pursuits. This trend has brought about formidable policy and legislative response with the Central and State governments, targeted at equipping different investigating authorities such as the Police with a broad amplitude of powers to properly investigate and prosecute offences pertaining to complex monetary transactions.
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When police authorities mention the exact disputed quantity within their letters to banks, a person fails to fathom why bank clients' accounts really should keep on being frozen in complete, the judgment explained.
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(one) Any police officer may seize any property which may be alleged or suspected to have already been stolen, or which may be observed under instances which develop suspicion from the Fee of any offence.
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there isn't any situation attendant on the bank account or its Procedure which have led the police to suspect that some offence has long been dedicated someplace. The allegation from the prosecution would be that the bank account In this particular case is often a sequel to the invention in the commission in the offence.
It has also been held with the higher court docket of Delhi the essentials of portion 17 of your PMLA which pertains to ‘look for and seizure’ needs to be strictly complied with and recourse can't be taken to part 102 with the CrPC.[19]
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A perusal of portion 102 of Criminal treatment Code, 1973[one] expounds about the powers inherited with the police authorities to seize particular residence. part 102(one) supplies electricity to any police officer no matter his rank to seize any house which varieties a suspicion for Fee of the offence. The seizure electrical power of police is discretionary in character as being the term “might” is most popular via the legislature rather than “shall”. part 102(2) obligates the investigating officer to report the seizure of home for the officer-in-demand on the law enforcement station, In the event the investigating officer is subordinate into the officer-in-charge.
Within this piece, we search for to delineate the statutory procedural safeguards and legal placement on this concern and expound over the authorized treatments available to an aggrieved party in cases of arbitrary freezing of bank accounts.