Monday
16th Sep 2024
Dhivehi Edition
An amendment has been proposed to the Criminal Procedure Code to grant police the authority to seize accounts involved in fraud without needing a court order. This move was initiated by opposition MDP MP Mohammed Ibrahim (Kudoo), following a request from the police to the State-Owned Enterprises (SOE) committee of parliament for a legal solution to swiftly prevent the circulation of money in scam cases.
The amendment comes in response to an increasing number of scam cases and the associated challenges in obtaining court orders to recover defrauded funds. MP Ibrahim's letter to Speaker of Parliament Abdul Raheem Abdulla highlighted the necessity of this amendment to address the police's concerns.
Currently, the Criminal Procedure Act allows police to seek court orders to monitor bank accounts under three circumstances: when an offense requiring confiscation of property is committed, when someone benefits from such an offense, or when a person is about to benefit from a serious criminal offense. Section 73 of the Act permits police to seize funds for a period if a serious criminal offense is detected but does not cover scam cases.
The proposed amendment seeks to include scam cases in Section 73, enabling police to issue orders to restrain funds in scam-related accounts or accounts where funds have been transferred. The amendment also ensures that police actions will protect the rights of account holders or third parties while awaiting a court decision. An order to restrain funds can be issued by police officers of the rank of Sub-Inspector or higher.
The rise in scam incidents has revealed cases of account hacking and money transfers to multiple accounts, complicating investigations. The proposed legal adjustment aims to streamline the process and enhance the police's ability to combat financial fraud effectively.