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Fugitive Economic Offender

The document outlines the key aspects of The Fugitive Economic Offenders Act, 2018 which aims to deter economic offenders from evading the process of law in India by declaring them as fugitive economic offenders. It defines terms like fugitive economic offender and scheduled offences, establishes procedures for attaching and confiscating properties, and sets up special courts to handle cases under the Act. The schedule lists specific Indian laws where offenses of 100 crore or more can qualify an individual as a fugitive economic offender.

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106 views13 pages

Fugitive Economic Offender

The document outlines the key aspects of The Fugitive Economic Offenders Act, 2018 which aims to deter economic offenders from evading the process of law in India by declaring them as fugitive economic offenders. It defines terms like fugitive economic offender and scheduled offences, establishes procedures for attaching and confiscating properties, and sets up special courts to handle cases under the Act. The schedule lists specific Indian laws where offenses of 100 crore or more can qualify an individual as a fugitive economic offender.

Uploaded by

TC-6 Client Requesting side
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The Fugitive Economic

Offenders Act, 2018


DR. SUJATA BALI
UPES, DEHRADUN
Scheme of the Act
The Fugitive Economic Offenders Act,
2018
•CHAPTER I
PRELIMINARY
•CHAPTER II
DECLARATION OF FUGITIVE
ECONOMIC OFFENDERS AND
CONFISCATION OF PROPERTY
•CHAPTER III
MISCELLANEOUS
Extent and commencement.

 It extends to the whole of India.


 It shall be deemed to have come into force on the 21st day of April, 2018.
S. 2. Important Definitions

 (b) "benami property" and 'benami transaction" shall have the same meanings as


assigned to them under clauses (8) and (9) respectively of section 2 of the
Prohibition of Benami Property Transactions Act, 1988 (45 of 1988);
 f) "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
 (i) has left India so as to avoid criminal prosecution; or
 (ii) being abroad, refuses to return to India to face criminal prosecution;
S. 2. Definitions- contd.

 (m) "Scheduled Offence" means an offence specified in the Schedule, if the total
value involved in such offence or offences is one hundred crore rupees or more;
 (n) "Special Court" means a Court of Session designated as a Special Court under
sub-section (1) of section 43 of the Prevention of Money-laundering Act, 2002 (15
of 2003).

 2) The words and expressions used and not defined in this Act but defined in the
Prevention of Money-laundering Act, 2002 (15 of 2003) shall have the meanings
respectively assigned to them in that Act.
S. 4. Application for declaration of
fugitive economic offender and
procedure therefor.
1) Where the Director or any other officer not below the rank of Deputy Director authorised by the
Director for the purposes of this section, has reason to believe (the reasons for such belief to be recorded
in writing), on the basis of material in his possession, that any individual is a fugitive economic offender,
he may file an application in such form and manner as may be prescribed in the Special Court that such
individual may be declared as a fugitive economic offender.
(2) The application to contain––
(a) reasons for the belief that an individual is a fugitive economic offender;
(b) any information available as to the whereabouts of the fugitive economic offender;
(c) a list of properties or the value of such properties believed to be the proceeds of crime, including
any such property outside India for which confiscation is sought;
(d) a list of properties or benami properties owned by the individual in India or abroad for which
confiscation is sought; and
(e) a list of persons who may have an interest in any of the properties listed under clauses (c) and (d).
(3) The Authorities appointed for the purposes of the Prevention of Money-laundering Act, 2002 (15
of 2003) shall be the Authorities for the purposes of this Act.
Section 5.   Attachment of
property.
 (1) 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.
 (2) … at any time prior to the filing of the application under section 4, attach any property––
 (a) 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
 (b) which is being or is likely to be dealt within 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 sub-section shall, within a period of thirty days from the date of such attachment, file an
application under section 4 before the Special Court.
 (3) 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.
 (4) Nothing in this section shall prevent the person interested in the enjoyment of the
immovable property attached under sub-section (1) from such enjoyment.
 The Fugitive Economic Offenders (Manner of Attachment of Property) Rules, 2018.
Section 6.   Powers of
Director and other officers.
 same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908) while trying a suit in respect of the
following matters, namely:—
 (a) discovery and inspection;
 (b) enforcing the attendance of any person, including any officer of a
reporting entity and examining him on oath;
 (c) compelling the production of records;
 (d) receiving evidence on affidavits;
 (e) issuing commissions for examination of witnesses and documents;
and
 (f) any other matter which may be prescribed.
Other powers & procedures

 Section 7. Power of survey.


 Section 8. Search and seizure.- officer not below the rank of Deputy Director
 Section 9. Search of persons.- officers not below the rank of Assistant Directors in
the Directorate of Enforcement
 Section 10. Notice- Special Court shall issue a notice to appear at a specified
place and time not less than six weeks from the date of issue of such notice
 Section 11. Procedure for hearing application.- to appear at a specified place
and time not less than six weeks from the date of issue of such notice
 Section 12. Declaration of fugitive economic offender- confiscation of property
in India or abroad.
 Section 13. Supplementary application.
 14. Power to disallow civil claims. - from putting forward or
defending any civil claim.
 15. Management of properties confiscated under this Act.- Special
Directors of Enforcement of ED to perform the functions of an
Administrator
 16. Rules of evidence.—on the Director or the person authorised by
the Director to file the application under Section 4.
Section 17. Appeal

 (1) An appeal shall lie from any judgment or order, not being an interlocutory
order, of a Special Court to the High Court both on facts and on law.
 (2) Every appeal under this section shall be preferred within a period of thirty
days from the date of the judgment or order appealed from:
 Provided that the High Court may entertain an appeal after the expiry of
the said period of thirty days, if it is satisfied that the appellant had sufficient
cause for not preferring the appeal within the period of thirty days: , provided
further that no appeal shall be entertained after the expiry of period of
ninety days.
THE SCHEDULE [See section 2(l)
and (m)]
 I. Offences under the Indian Penal Code, 1860 (45 of 1860)
 II. Offences under the Negotiable Instruments Act, 1881 (26 of 1881) 138 Dishonour of
cheque for insufficiency, etc., of funds in the account.
 III. Offences under the Reserve Bank of India Act, 1934 (2 of 1934)
 IV. Offences under the Central Excise Act, 1944 (1 of 1944) Section 9 Offences and
Penalties.
 V. Offences under the Customs Act, 1962 (52 of 1962)
 VI. Offences under the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988)
 VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988)
 VIII. Offences under the Securities and Exchange Board of India Act, 1992 (15 of 1992)
 IX. Offences under the Prevention of Money-laundering Act, 2002 (15 of 2003)
 X. Offences under the Limited Liability Partnership Act, 2008 (6 of 2009)
 XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)
Queries?

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