Anti-Terrorism Act, 1997 — Section 11Q: Forfeiture

11Q. Forfeiture.__ (1) The Court by or before which a person is convicted of an offence under any of the sections 11H to 11 M may make forfeiture order in accordance with the provision of this section.

(2)Where a person is convicted of an offence under section 11H (1) or (2) or section 11I, the Court may order the forfeiture of any money or other property: 1Ins. by Act No. XX of 2020, s. 4. 2Subs. by Act No. VII of 2014, s. 12.

(a)which, at the time of the offence, he had in his possession or under his control; and

(b)which at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.

(3)Where a person has been convicted under Section 11H (3), the court may order the forfeiture of any money or other property:

(a)which, at the time of the offence, he had in his possession or under this control, and

(b)which, at the time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

(4)Where a person is convicted of an offence under section 11J, the court may order the forfeiture of the money or other property:

(a)to which the arrangement in question related; and

(b)which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

(5)Where a person is convicted of an offence under section 11K, the Court may order the forfeiture of the money or other property to which the arrangement in question related.

(6)Where a person is convicted of an offence under any of the sections 11H to 11K, the Court may order forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence 1 [:] 1 [Provided that in case of a jointly owned property, the shares of a person in the said property who is not convicted, shall not be subject to such order of forfeiture.] 1 [(6A) Where the court is satisfied that property subject to forfeiture under this section cannot be forfeited, it may order the forfeiture of any other property of the accused of an equivalent value to the property subject to forfeiture which stands identified or located in another jurisdiction.] 2 [(7) A person other than an accused, claiming the ownership or interest in any property or assets, suspected to be terrorist property, may within a period of fifteen days of freezing of account or of taking into possession or control of such property or assets, as the case may be or within such extended period as the court may, for reasons to be recorded, allow file his claim before the court. The court after giving notice to the prosecution and hearing the parties, shall decide the claim.] 1Subs., added and ins. by Act No. XXIII of 2020, ss. 7 and 9. 2Added by Act No. XX of 2013, s. 8.