Section 111 of BNSS : Section 111: Definitions.

Explanation using Example

Example 1:

Scenario: The Indian government has a treaty with the United Kingdom to assist each other in criminal matters, including the attachment and forfeiture of property derived from criminal activities.

Application:

• Contracting State: The United Kingdom is a "contracting State" as per the treaty with India.
• Identifying: Indian authorities identify a property in London that was purchased using money obtained from a fraud committed in India.
• Proceeds of Crime: The money used to buy the property in London is considered "proceeds of crime" because it was derived from fraudulent activities.
• Property: The house in London is "property" as it is a tangible, immovable asset obtained through proceeds of crime.
• Tracing: Indian authorities trace the money trail from the fraud in India to the purchase of the house in London, establishing the connection between the crime and the property.

Example 2:

Scenario: An Indian businessman is involved in illegal currency transfers and uses the proceeds to buy a luxury car in Dubai.

Application:

• Contracting State: The United Arab Emirates (UAE) is a "contracting State" if there is an arrangement or treaty with India.
• Identifying: Authorities in India identify that the luxury car in Dubai was bought using money from illegal currency transfers.
• Proceeds of Crime: The money used for the car purchase is "proceeds of crime" as it was obtained through illegal currency transfers.
• Property: The luxury car is "property" as it is a tangible, movable asset obtained through proceeds of crime.
• Tracing: Indian authorities trace the illegal currency transfers to the purchase of the luxury car in Dubai, establishing the link between the crime and the property.

Example 3:

Scenario: A criminal organization in India engages in drug trafficking and uses the profits to invest in real estate in Singapore.

Application:

• Contracting State: Singapore is a "contracting State" if there is a treaty or arrangement with India.
• Identifying: Indian authorities identify several properties in Singapore bought with money from drug trafficking.
• Proceeds of Crime: The money used to buy the properties is "proceeds of crime" as it was obtained from drug trafficking.
• Property: The real estate in Singapore is "property" as it includes tangible, immovable assets obtained through proceeds of crime.
• Tracing: Indian authorities trace the drug trafficking profits to the real estate investments in Singapore, establishing the connection between the crime and the properties.

Example 4:

Scenario: An Indian citizen commits cyber fraud and transfers the stolen money to a bank account in Switzerland.

Application:

• Contracting State: Switzerland is a "contracting State" if there is a treaty or arrangement with India.
• Identifying: Indian authorities identify the bank account in Switzerland where the stolen money was transferred.
• Proceeds of Crime: The money in the Swiss bank account is "proceeds of crime" as it was obtained through cyber fraud.
• Property: The funds in the bank account are "property" as they are intangible assets obtained through proceeds of crime.
• Tracing: Indian authorities trace the stolen money from the cyber fraud to the bank account in Switzerland, establishing the link between the crime and the property.

Example 5:

Scenario: A person in India is involved in human trafficking and uses the earnings to buy cryptocurrency.

Application:

• Contracting State: Any country where the cryptocurrency exchange is located can be a "contracting State" if there is an arrangement or treaty with India.
• Identifying: Indian authorities identify the cryptocurrency purchased with money from human trafficking.
• Proceeds of Crime: The money used to buy the cryptocurrency is "proceeds of crime" as it was obtained from human trafficking.
• Property: The cryptocurrency is "property" as it is an intangible asset obtained through proceeds of crime.
• Tracing: Indian authorities trace the human trafficking earnings to the purchase of cryptocurrency, establishing the connection between the crime and the property.