BENAMI TRANSACTIONS

Aug. 3, 2018

Prosecution of people accused of Benami transaction is pending because of not setting up of special courts under the Benami Transactions (Prohibition) Act.

About:

  • Benami means a property without any name. It is the kind of transaction where the person who pays for the property does not buy it under his/her own name. Rather it is generally purchased in the name of spouse or child.

  • It is a common method for generating Black Money.

  • To cub it, Benami Property Transactions Act 1988 was enacted which was further strengthened by amending through the Benami Transactions (Prohibition) Amended Act, 2016.

Salient features:

  • The amended law empowers the specified authorities to provisionally attach benami properties which can eventually be confiscated.

  • Besides, a person found guilty of offence of benami transaction shall be punishable with rigorous imprisonment for 1-7 years along with payment of fine.

  • Central government, in consultation with the Chief Justice of the respective High Courts, will establish special courts for speedy completion of Trials within six months.
    • However, the required special courts have not been set up yet.

    • Therefore, despite the investigation being completed in almost 100 cases, prosecution of accused persons has not started.



Source : The Hindu

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