Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances

General201458 sections

Statutory text

(1) Without prejudice to the provisions of sections 24 and 25, where the Special Court has reason to believe, on the basis of prima facie evidence or is satisfied that the properties, proceeds, receipts and benefits, by whatever name known, have been generated or acquired by the public servant through corrupt means, it may authorize the confiscation of such properties, proceeds, receipts and benefits until he is exonerated.
(2) Where any order of confiscation made under sub-section
(1) is modified or annulled by the High Court or where the public servant is exonerated by the Special Court, the properties, proceeds, receipts and benefits confiscated under sub-section
(1) shall be returned to such public servant and if for any reason it is not possible to return the properties, proceeds, receipts and benefits, such public servant shall be paid the price thereof, including the money so confiscated, along with interest calculated at the rate of five percent per annum from the date of confiscation.

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