Section 7 of The Fugitive Economic Offenders Act, 2018
- (1)Notwithstanding anything contained in any other provisions of this Act, where a Director or any other officer authorised by the Director, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing), that an individual may be a fugitive economic offender, he may enter any place—
- (i)within the limits of the area assigned to him; or
- (ii)in respect of which he is authorised for the purposes of this section, by such other authority, who is assigned the area within which such place is situated.
- (2)Where the Director or any other officer authorised by him, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing) that an individual may be a fugitive economic offender and it is necessary to enter any place as mentioned in sub-section (1), he may request any proprietor, employee or any other person who may be present at that time, to—
- (a)afford him the necessary facility to inspect such records as he may require and which may be available at such place;
- (b)afford him the necessary facility to check or verify the proceeds of crime or any transaction related to proceeds of crime which may be found therein; and
- (c)furnish such information as he may require as to any matter which may be useful for, or relevant to any proceedings under this Act.
- (3)The Director, or any other officer acting under this section may—
- (i)place marks of identification on the records inspected by him and make or cause to be made extracts or copies therefrom;
- (ii)make an inventory of any property checked or verified by him; and
- (iii)record the statement of any person present at the property which may be useful for, or relevant to, any proceeding under this Act.
Summary
- An authorized officer can enter a place to survey it if they have written reasons to believe someone is a fugitive economic offender.
- The officer can ask anyone present to provide facilities to inspect records and verify proceeds of crime.
- The officer can ask people for information that is relevant to the proceedings.
- The officer is allowed to put identification marks on records and make copies of them.
- The officer can make a list of any property they check and record statements from people present.
Practical examples
FAQ
1. Can an officer enter a property without a reason?
No, the officer must have a reason to believe the person is a fugitive economic offender and must write those reasons down.
2. Do people at the property have to help the officer?
Yes, the officer can request any proprietor or employee present to provide the necessary facilities to inspect records.
Test yourself
Q1.Under Section 7 of The Fugitive Economic Offenders Act, 2018, what must an authorized officer do before entering a place for a survey?
Q2.Under Section 7 of The Fugitive Economic Offenders Act, 2018, what can an officer do with the records they inspect?
Q3.Under Section 7 of The Fugitive Economic Offenders Act, 2018, who can the officer ask for necessary facilities to check proceeds of crime?
Q4.Under Section 7 of The Fugitive Economic Offenders Act, 2018, what kind of list can the officer make?
Q5.Under Section 7 of The Fugitive Economic Offenders Act, 2018, is the officer allowed to take statements from people?