Section 16
Rules of evidence.
The Fugitive Economic Offenders Act, 2018
About this Act
An Act to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.
(1) The burden of proof for establishing—
(a) that an individual is a fugitive economic offender; or
(b) that a property is the proceeds of crime or any other property in which the individual alleged to be a fugitive economic offender has an interest,
shall be on the Director or the person authorised by the Director to file the application under section 4.
(2) Notwithstanding anything contained in any other law for the time being in force, where any person referred to in sub-section (2) of section 10 claims that any interest in any property was acquired bona fide and without knowledge of the fact that, such property constitutes proceeds of crime, the burden of proving such fact shall lie upon him.
(3) The standard of proof applicable to the determination of facts by the Special Court under this Act shall be preponderance of probabilities.
(a) that an individual is a fugitive economic offender; or
(b) that a property is the proceeds of crime or any other property in which the individual alleged to be a fugitive economic offender has an interest,
shall be on the Director or the person authorised by the Director to file the application under section 4.
(2) Notwithstanding anything contained in any other law for the time being in force, where any person referred to in sub-section (2) of section 10 claims that any interest in any property was acquired bona fide and without knowledge of the fact that, such property constitutes proceeds of crime, the burden of proving such fact shall lie upon him.
(3) The standard of proof applicable to the determination of facts by the Special Court under this Act shall be preponderance of probabilities.