§ 370 — Procedure governing seizure of property

370.—(1) If a law enforcement officer seizes any property in the exercise of any power under section 35 or 78, the law enforcement officer must make a report of the seizure to the relevant court at the earlier of the following times:(a)

when the law enforcement officer considers that —(i)

the property is not relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; and

(ii)

either of the following applies:(A)

there is no pending investigation mentioned in subsection (3)(c)(i) or (ii);

(B)

there is a pending investigation mentioned in subsection (3)(c)(i) or (ii) but the law enforcement officer considers that the continued seizure of the property is no longer required;[Act 24 of 2024 wef 14/11/2024]

(b)

one year after the date of seizure of the property.[19/2018]

(2) Subject to subsections (3), (3A) and (3B), and to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, the relevant court must, upon receiving a report mentioned in subsection (1), make such of the following orders as may be applicable:(a)

in any case where the property consists of a computer and any data stored in the computer, and the relevant court is satisfied that an offence was committed in respect of the data, or that the data was used or intended to be used to commit an offence — an order for —(i)

the deletion of the data from the computer, and the delivery of the computer (after the deletion of the data) to the person entitled to possession of the computer; or

(ii)

if that person cannot be ascertained, the deletion of the data from the computer, and the custody and production of the computer (after the deletion of the data);

(b)

in any case where the relevant court is satisfied that an offence was committed in respect of the property, or that the property was used or intended to be used to commit an offence — such order as the relevant court thinks fit for the disposal of the property;

(c)

in any case where the relevant court is satisfied that the property consists of anything into which any property mentioned in paragraph (b) has been converted, anything for which any property mentioned in paragraph (b) has been exchanged, or anything acquired (whether immediately or later) by this conversion or exchange — such order as the relevant court thinks fit for the disposal of the property;

(d)

in any case where the relevant court is satisfied that the property does not consist of any property mentioned in paragraph (a), (b) or (c), and the person entitled to possession of the property consents to the use of the property for compensation or restitution, or to the forfeiture of the property — such order as the relevant court thinks fit for the disposal of the property;

(e)

in any other case, an order relating to —(i)

the delivery of the property to the person entitled to possession of the property; or

(ii)

if that person cannot be ascertained or cannot be found, the custody and production of the property.[19/2018]

[Act 24 of 2024 wef 14/11/2024]

(3) The relevant court must not dispose of the property if —(a)

there is any pending court proceeding under any written law in relation to the property; [Act 24 of 2024 wef 14/11/2024]

(b)

the relevant court is satisfied that the property is relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; or[Act 24 of 2024 wef 14/11/2024]

(c)

the relevant court is satisfied that, in a case where the law enforcement officer applies for the continued seizure of the property, there is any pending investigation —(i)

to locate, or ascertain the identity of, any person or persons entitled to possession of the property; or

(ii)

into any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, and the continued seizure will not cause injustice to any person entitled to possession of the property.[19/2018]

[Act 24 of 2024 wef 14/11/2024]

(3A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized cannot claim to be entitled to the property unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.[Act 24 of 2024 wef 14/11/2024]

(3B) The relevant court must not make an order under subsection (2) relating to the delivery of property to an absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence; but the relevant court may make any other order under subsection (2) despite that person’s absence.[Act 24 of 2024 wef 14/11/2024]

(4) Where the relevant court is not a Magistrate’s Court, the relevant court may, instead of making an order under subsection (2), direct that the property be delivered to a Magistrate, who must deal with the property in accordance with subsection (2) as if the report mentioned in subsection (1) was made to a Magistrate’s Court.[19/2018]

(5) On and after 31 October 2018 —(a)

this section applies to any property seized or taken before that date, under section 370(1) of this Code as in force immediately before that date, or under section 35 or 78 — if no Magistrate’s Court has exercised, in relation to that property, any power under section 370 of this Code as in force immediately before that date;

(b)

this section applies to any report made before that date, under section 370(1) of this Code as in force immediately before that date, of the seizure of any property, as if that report had been made under subsection (1) — if no Magistrate’s Court has exercised, in relation to that property, any power under section 370 of this Code as in force immediately before that date; and

(c)

section 370 of this Code as in force immediately before that date continues to apply, in every case where a Magistrate’s Court has exercised before that date any power under that section, as if this section had not been enacted.[19/2018]

(6) In this section and sections 371 and 372 —“absconded person” means any person who cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations were commenced against that person to ascertain whether that person has committed any relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized;[Act 24 of 2024 wef 14/11/2024]

“law enforcement officer” means —(a)

a police officer;

(b)

an officer of the Central Narcotics Bureau;

(c)

an immigration officer appointed under section 3 of the Immigration Act 1959;

(d)

a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004;

(e)

a public officer appointed as the Director, a deputy director, an assistant director or a special investigator of the Corrupt Practices Investigation Bureau; or

(f)

any other officer, of a prescribed law enforcement agency;

“relevant court” means —(a)

in any case where the property was seized for the purposes of a particular inquiry, trial or proceeding — the court before which that inquiry, trial or proceeding is held; or

(b)

in any other case, a Magistrate’s Court;[Act 24 of 2024 wef 14/11/2024]

“relevant offence” means —(a)

an arrestable offence; or

(b)

a serious offence under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.[19/2018]

[Act 24 of 2024 wef 14/11/2024]

(7) For the purposes of this section and sections 371 and 372 —(a)

without affecting any other matter that the relevant court may consider relevant, in determining whether a person is entitled to property or to possession of property (as the case may be), the relevant court may take into account whether the person had acquired the property through legitimate sources (whether from income, investments, trading or otherwise);

(b)

if a person who claims that he or she is entitled to property or to possession of property (as the case may be) alleges that the property was a gift from any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, the mere fact that the property was a gift is relevant, but is not sufficient without other evidence, to prove that the person is entitled to the property or to possession of the property, as the case may be;

(c)

without affecting any other matter that the relevant court may consider relevant, in determining whether the firstmentioned person in paragraph (b) is entitled to property or to possession of property (as the case may be), the relevant court may take into account other evidence relating to —(i)

the circumstances in which the gift was made; or

(ii)

whether the property was purchased through legitimate sources before it was gifted; and

(d)

any property that is transferred, directly or indirectly, by one person (A) to another person (B) for a consideration the value of which is significantly less than the value of the consideration provided by A, is deemed to be a gift.[Act 24 of 2024 wef 14/11/2024]

—(1) If a law enforcement officer seizes any property in the exercise of any power under section 35 or 78, the law enforcement officer must make a report of the seizure to the relevant court at the earlier of the following times:(a)

when the law enforcement officer considers that —(i)

the property is not relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; and

(ii)

either of the following applies:(A)

there is no pending investigation mentioned in subsection (3)(c)(i) or (ii);

(B)

there is a pending investigation mentioned in subsection (3)(c)(i) or (ii) but the law enforcement officer considers that the continued seizure of the property is no longer required;[Act 24 of 2024 wef 14/11/2024]

(b)

one year after the date of seizure of the property.[19/2018]

(2) Subject to subsections (3), (3A) and (3B), and to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, the relevant court must, upon receiving a report mentioned in subsection (1), make such of the following orders as may be applicable:(a)

in any case where the property consists of a computer and any data stored in the computer, and the relevant court is satisfied that an offence was committed in respect of the data, or that the data was used or intended to be used to commit an offence — an order for —(i)

the deletion of the data from the computer, and the delivery of the computer (after the deletion of the data) to the person entitled to possession of the computer; or

(ii)

if that person cannot be ascertained, the deletion of the data from the computer, and the custody and production of the computer (after the deletion of the data);

(b)

in any case where the relevant court is satisfied that an offence was committed in respect of the property, or that the property was used or intended to be used to commit an offence — such order as the relevant court thinks fit for the disposal of the property;

(c)

in any case where the relevant court is satisfied that the property consists of anything into which any property mentioned in paragraph (b) has been converted, anything for which any property mentioned in paragraph (b) has been exchanged, or anything acquired (whether immediately or later) by this conversion or exchange — such order as the relevant court thinks fit for the disposal of the property;

(d)

in any case where the relevant court is satisfied that the property does not consist of any property mentioned in paragraph (a), (b) or (c), and the person entitled to possession of the property consents to the use of the property for compensation or restitution, or to the forfeiture of the property — such order as the relevant court thinks fit for the disposal of the property;

(e)

in any other case, an order relating to —(i)

the delivery of the property to the person entitled to possession of the property; or

(ii)

if that person cannot be ascertained or cannot be found, the custody and production of the property.[19/2018]

[Act 24 of 2024 wef 14/11/2024]

(3) The relevant court must not dispose of the property if —(a)

there is any pending court proceeding under any written law in relation to the property; [Act 24 of 2024 wef 14/11/2024]

(b)

the relevant court is satisfied that the property is relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; or[Act 24 of 2024 wef 14/11/2024]

(c)

the relevant court is satisfied that, in a case where the law enforcement officer applies for the continued seizure of the property, there is any pending investigation —(i)

to locate, or ascertain the identity of, any person or persons entitled to possession of the property; or

(ii)

into any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, and the continued seizure will not cause injustice to any person entitled to possession of the property.[19/2018]

[Act 24 of 2024 wef 14/11/2024]

(3A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized cannot claim to be entitled to the property unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.[Act 24 of 2024 wef 14/11/2024]

(3B) The relevant court must not make an order under subsection (2) relating to the delivery of property to an absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence; but the relevant court may make any other order under subsection (2) despite that person’s absence.[Act 24 of 2024 wef 14/11/2024]

(4) Where the relevant court is not a Magistrate’s Court, the relevant court may, instead of making an order under subsection (2), direct that the property be delivered to a Magistrate, who must deal with the property in accordance with subsection (2) as if the report mentioned in subsection (1) was made to a Magistrate’s Court.[19/2018]

(5) On and after 31 October 2018 —(a)

this section applies to any property seized or taken before that date, under section 370(1) of this Code as in force immediately before that date, or under section 35 or 78 — if no Magistrate’s Court has exercised, in relation to that property, any power under section 370 of this Code as in force immediately before that date;

(b)

this section applies to any report made before that date, under section 370(1) of this Code as in force immediately before that date, of the seizure of any property, as if that report had been made under subsection (1) — if no Magistrate’s Court has exercised, in relation to that property, any power under section 370 of this Code as in force immediately before that date; and

(c)

section 370 of this Code as in force immediately before that date continues to apply, in every case where a Magistrate’s Court has exercised before that date any power under that section, as if this section had not been enacted.[19/2018]

(6) In this section and sections 371 and 372 —“absconded person” means any person who cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations were commenced against that person to ascertain whether that person has committed any relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized;[Act 24 of 2024 wef 14/11/2024]

“law enforcement officer” means —(a)

a police officer;

(b)

an officer of the Central Narcotics Bureau;

(c)

an immigration officer appointed under section 3 of the Immigration Act 1959;

(d)

a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004;

(e)

a public officer appointed as the Director, a deputy director, an assistant director or a special investigator of the Corrupt Practices Investigation Bureau; or

(f)

any other officer, of a prescribed law enforcement agency;

“relevant court” means —(a)

in any case where the property was seized for the purposes of a particular inquiry, trial or proceeding — the court before which that inquiry, trial or proceeding is held; or

(b)

in any other case, a Magistrate’s Court;[Act 24 of 2024 wef 14/11/2024]

“relevant offence” means —(a)

an arrestable offence; or

(b)

a serious offence under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.[19/2018]

[Act 24 of 2024 wef 14/11/2024]

(7) For the purposes of this section and sections 371 and 372 —(a)

without affecting any other matter that the relevant court may consider relevant, in determining whether a person is entitled to property or to possession of property (as the case may be), the relevant court may take into account whether the person had acquired the property through legitimate sources (whether from income, investments, trading or otherwise);

(b)

if a person who claims that he or she is entitled to property or to possession of property (as the case may be) alleges that the property was a gift from any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, the mere fact that the property was a gift is relevant, but is not sufficient without other evidence, to prove that the person is entitled to the property or to possession of the property, as the case may be;

(c)

without affecting any other matter that the relevant court may consider relevant, in determining whether the firstmentioned person in paragraph (b) is entitled to property or to possession of property (as the case may be), the relevant court may take into account other evidence relating to —(i)

the circumstances in which the gift was made; or

(ii)

whether the property was purchased through legitimate sources before it was gifted; and

(d)

any property that is transferred, directly or indirectly, by one person (A) to another person (B) for a consideration the value of which is significantly less than the value of the consideration provided by A, is deemed to be a gift.[Act 24 of 2024 wef 14/11/2024]