Order for disposal of property by court
364.—(1) During or at the conclusion of any inquiry or trial under this Code, the court may make an order as it thinks fit for the disposal of any property produced before it.(2) Subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, a court may, during or at the conclusion of any criminal proceeding under this Code, make an order as it thinks fit for the disposal of any property —(a)
in respect of which an offence is or was alleged to have been committed or which has been used or is intended to have been used for the commission of any offence or which constitutes evidence of an offence; and
(b)
which is produced before the court or is in the court’s custody or the custody of a police officer or any other person who has seized the property pursuant to any law.
(3) If an order is made under this section in a case in which an appeal lies, the order must not, except where the property is perishable, be carried out until the period allowed for the appeal has lapsed or the appeal has been dealt with.
(4) In this section, “property” includes not only property that was originally in the possession or under the control of a party to the case, but also property into or for which it has been converted or exchanged and anything acquired by this conversion or exchange, whether immediately or later.
—(1) During or at the conclusion of any inquiry or trial under this Code, the court may make an order as it thinks fit for the disposal of any property produced before it.
(2) Subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, a court may, during or at the conclusion of any criminal proceeding under this Code, make an order as it thinks fit for the disposal of any property —(a)
in respect of which an offence is or was alleged to have been committed or which has been used or is intended to have been used for the commission of any offence or which constitutes evidence of an offence; and
(b)
which is produced before the court or is in the court’s custody or the custody of a police officer or any other person who has seized the property pursuant to any law.
(3) If an order is made under this section in a case in which an appeal lies, the order must not, except where the property is perishable, be carried out until the period allowed for the appeal has lapsed or the appeal has been dealt with.
(4) In this section, “property” includes not only property that was originally in the possession or under the control of a party to the case, but also property into or for which it has been converted or exchanged and anything acquired by this conversion or exchange, whether immediately or later.
Direction instead of order
365. Instead of itself making an order under section 364, a court may direct the property to be delivered to a Magistrate who must deal with it under section 364 as if it were property produced in proceedings before a Magistrate’s Court.
Payment to innocent person of money in possession of convicted person
366.—(1) Where a person is convicted of an offence that includes or amounts to theft or receiving stolen property, and it is proved that another person had bought the stolen property from the convicted person without knowing or having reason to believe that it was stolen, the court may, on application by the purchaser and after restoring the stolen property to its rightful owner, order that a sum not exceeding the price paid by the purchaser be given to the purchaser out of any money in the possession of the convicted person.(2) Any order made under this section does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the sum paid under the order, but any claim by a person or the person’s representatives for civil damages in respect of the purchase of stolen property arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under that order.
—(1) Where a person is convicted of an offence that includes or amounts to theft or receiving stolen property, and it is proved that another person had bought the stolen property from the convicted person without knowing or having reason to believe that it was stolen, the court may, on application by the purchaser and after restoring the stolen property to its rightful owner, order that a sum not exceeding the price paid by the purchaser be given to the purchaser out of any money in the possession of the convicted person.
(2) Any order made under this section does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the sum paid under the order, but any claim by a person or the person’s representatives for civil damages in respect of the purchase of stolen property arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under that order.
Stay of order
367. The General Division of the High Court may direct an order under section 364, 365 or 366 made by a Magistrate’s Court or District Court to be stayed pending consideration by the General Division of the High Court and may modify, alter or annul that order.[40/2019]
Destruction of libellous and other matter
368.—(1) On a conviction under section 292, 293, 500, 501 or 502 of the Penal Code 1871, the court may order the destruction of any object, matter, substance, or any other property (including any copy of such property in any media) in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.(2) On a conviction under section 272, 273, 274 or 275 of the Penal Code 1871, the court may order the destruction of the food, drink, drug or medical preparation in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.
—(1) On a conviction under section 292, 293, 500, 501 or 502 of the Penal Code 1871, the court may order the destruction of any object, matter, substance, or any other property (including any copy of such property in any media) in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.
(2) On a conviction under section 272, 273, 274 or 275 of the Penal Code 1871, the court may order the destruction of the food, drink, drug or medical preparation in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.
Restoration of possession of immovable property
369.—(1) Where a person is convicted of an offence involving criminal force and it appears to the court that by that force another person has been dispossessed of any immovable property, the court may order the possession of it to be restored to that other person.(2) Such an order does not affect any right or interest to or in that immovable property which a person may be able to establish in a civil suit.
—(1) Where a person is convicted of an offence involving criminal force and it appears to the court that by that force another person has been dispossessed of any immovable property, the court may order the possession of it to be restored to that other person.
(2) Such an order does not affect any right or interest to or in that immovable property which a person may be able to establish in a civil suit.
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]
Procedure when person entitled to property is known
371.—(1) If the person entitled to the property mentioned in section 370 is known, the relevant court must cause a notice to be served on that person instructing that person to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice.[19/2018]
(2) Section 116 applies as nearly as may be practicable to the procedure governing the service of the notice mentioned in subsection (1) as if a summons were a notice.
(3) If the person entitled to the property mentioned in section 370 fails to take delivery of the property within the period specified in the notice mentioned in subsection (1), the relevant court may, after one month from the expiry of that period, cause the property to be sold.[19/2018]
(4) Despite the other provisions in this section, if the property is perishable or if, in the opinion of the relevant court, its value is less than $500, the relevant court may cause the property to be sold at any time.[19/2018]
(5) The relevant court must cause the net proceeds of the sale under subsection (3) or (4) to be paid, on demand, to the person entitled.[19/2018]
—(1) If the person entitled to the property mentioned in section 370 is known, the relevant court must cause a notice to be served on that person instructing that person to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice.[19/2018]
(2) Section 116 applies as nearly as may be practicable to the procedure governing the service of the notice mentioned in subsection (1) as if a summons were a notice.
(3) If the person entitled to the property mentioned in section 370 fails to take delivery of the property within the period specified in the notice mentioned in subsection (1), the relevant court may, after one month from the expiry of that period, cause the property to be sold.[19/2018]
(4) Despite the other provisions in this section, if the property is perishable or if, in the opinion of the relevant court, its value is less than $500, the relevant court may cause the property to be sold at any time.[19/2018]
(5) The relevant court must cause the net proceeds of the sale under subsection (3) or (4) to be paid, on demand, to the person entitled.[19/2018]
Procedure when person entitled to property cannot be ascertained or cannot be found
372.—(1) If the person entitled to the property mentioned in section 370 cannot be ascertained or cannot be found, the relevant court may direct that it continue to be subject to the custody or control of the relevant law enforcement agency and the head of the relevant law enforcement agency must, in that case, issue a public notice, specifying the articles of which the property consists and requiring any person who claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim.[19/2018]
[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
(1A) 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, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she 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]
(1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person.[Act 24 of 2024 wef 14/11/2024]
(2) Every notice under subsection (1) must be published in the Gazette or any daily newspaper if, in the opinion of the head of the relevant law enforcement agency, the value of the property is at least $1,000.[Act 5 of 2024 wef 01/08/2024]
(3) [Deleted by Act 24 of 2024 wef 14/11/2024]
(4) If property subject to the custody or control of the relevant law enforcement agency under this section is perishable or is, in the opinion of the head of the relevant law enforcement agency, worth less than $1,000, or if keeping it involves unreasonable expense or inconvenience, then the property may be sold at any time and this section applies, as nearly as may be practicable, to the net proceeds of the sale.[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
(5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if —(a)
no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or
(b)
where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property.[Act 24 of 2024 wef 14/11/2024]
(6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the head of the relevant law enforcement agency, that person is only entitled to the net proceeds.[Act 24 of 2024 wef 14/11/2024]
(7) In respect of property to which the person entitled cannot be ascertained or cannot be found, the relevant court may order the property to be destroyed or otherwise disposed of at any time if in its opinion —(a)
the property is of no appreciable value; or
(b)
its value is so small as to —(i)
make its sale impracticable; or
(ii)
make the custody or control of it unreasonably expensive or inconvenient.[19/2018]
[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
(8) In this section, “relevant law enforcement agency” means the law enforcement agency to which the law enforcement officer who makes a report under section 370(1) belongs.[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
—(1) If the person entitled to the property mentioned in section 370 cannot be ascertained or cannot be found, the relevant court may direct that it continue to be subject to the custody or control of the relevant law enforcement agency and the head of the relevant law enforcement agency must, in that case, issue a public notice, specifying the articles of which the property consists and requiring any person who claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim.[19/2018]
[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
(1A) 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, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she 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]
(1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person.[Act 24 of 2024 wef 14/11/2024]
(2) Every notice under subsection (1) must be published in the Gazette or any daily newspaper if, in the opinion of the head of the relevant law enforcement agency, the value of the property is at least $1,000.[Act 5 of 2024 wef 01/08/2024]
(3) [Deleted by Act 24 of 2024 wef 14/11/2024]
(4) If property subject to the custody or control of the relevant law enforcement agency under this section is perishable or is, in the opinion of the head of the relevant law enforcement agency, worth less than $1,000, or if keeping it involves unreasonable expense or inconvenience, then the property may be sold at any time and this section applies, as nearly as may be practicable, to the net proceeds of the sale.[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
(5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if —(a)
no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or
(b)
where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property.[Act 24 of 2024 wef 14/11/2024]
(6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the head of the relevant law enforcement agency, that person is only entitled to the net proceeds.[Act 24 of 2024 wef 14/11/2024]
(7) In respect of property to which the person entitled cannot be ascertained or cannot be found, the relevant court may order the property to be destroyed or otherwise disposed of at any time if in its opinion —(a)
the property is of no appreciable value; or
(b)
its value is so small as to —(i)
make its sale impracticable; or
(ii)
make the custody or control of it unreasonably expensive or inconvenient.[19/2018]
[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
(8) In this section, “relevant law enforcement agency” means the law enforcement agency to which the law enforcement officer who makes a report under section 370(1) belongs.[Act 5 of 2024 wef 01/08/2024]
[Act 24 of 2024 wef 14/11/2024]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
