Fugitive economic offenders will henceforth not find it all that easy to take shelter under ‘Code of Criminal Procedure 1973’ to keep the authorities at bay as regards confiscation of assets in search and seizure operations.

The Centre has now come up with new rules detailing the procedure for search and seizure on fugitive economic offenders.

The latest rules — Fugitive Economic Offeders (Procedure for Conducting Search and Seizure), Rules, 2018 — has superceded the rules framed in this regard in April this year under the fugitive economic offenders ordinance.

The significant change, according to legal experts, is the dropping of reference to the ‘Code of Criminal Procedure 1973’. The earlier rules specified that ‘Code of Criminal Procedure’ will apply in search and seizure operations under Fugitive Economic Offenders Ordinance.

Faster attachment

However, now in the rules framed under the Fugitive Economic Offenders Act 2018, there is no reference to the effect that ‘Code of Criminal Procedure’ will apply, said legal experts and economy watchers. Reacting to this development, Aseem Chawla, Managing Partner, ASC Legal, a law firm, said: “The conspicuous absence in the updated rules dealing with application of CRPC provisions in situations of search and seizure suggests the resolve of the government in ensuring that the scheme of Fugitive Economic Offender laws has an overriding effect.”

Amit Maheshwari, partner, Ashok Maheshwary & Associates LLP, a CA firm, said this latest change (removing reference to Code of Criminal Procedure) will help the authorities in faster attachment and confiscation of assets of those declared as fugitive economic offender.

It may be recalled that the President Ram Nath Kovind had on July 31 this year given his assent to the Fugitive Economic Offenders Bill and the Fugitive Economic Offenders Act 2018 was enacted into law.

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