Section 7 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- (1)Where a person has been convicted of any offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.
- (2)Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter.
Summary
- Section 7 lets the Special Court permanently seize property that was used to commit an offence, once a person is convicted.
- This loss of property is an extra penalty added on top of any other punishment given by the court.
- The property targeted can be movable items, immovable real estate, or both.
- The court can temporarily freeze or attach a person's property while their trial is still ongoing.
- If the trial ends in a guilty verdict, the frozen property can be permanently taken by the government to pay off any fines imposed on the offender.
Practical examples
FAQ
1. What kind of property can be seized under Section 7 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Section 7 of the Prevention of Atrocities Act allows the Special Court to seize any property, whether it is movable, immovable, or both.
2. Can the court touch an accused person's property before the trial ends under Section 7 of the Atrocities Act?
Yes, Section 7 of the Atrocities Act allows the Special Court to pass an order to attach, meaning temporarily freeze, the accused person's properties during the period of the trial.
3. Under Section 7 of the Prevention of Atrocities Act, why might attached property be permanently forfeited after a conviction?
Section 7 of the Prevention of Atrocities Act states that attached property can be forfeited to the extent it is needed to realize any fine imposed under the law.
Test yourself
Q1.Under Section 7 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what types of property can be forfeited upon conviction?
Q2.What action can a Special Court take regarding an accused person's property during an ongoing trial under Section 7 of the Prevention of Atrocities Act?
Q3.Under Section 7 of the Atrocities Act, if an attached property is later forfeited after a conviction, what specific purpose does the law mention for this?
Q4.Under Section 7 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is forfeiture of property the only punishment a court can give?