Consumer Credit Act 2025 · Updated to 31 Dec 2025 · Part VIII · Examination and Investigation
96. Release, disposal or forfeiture of seized goods, etc.
Feedback & supportAn investigating officer shall, unless otherwise ordered by any court—
on the close of investigations or any proceedings arising from such investigations; or
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with the prior written consent of the respective Regulatory and Supervisory Authority at any time before the close of investigations, release any document, securities held in respect of credit consumers’
transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article seized, detained or removed by him or any other investigating officer under this Division in accordance with subsection (2) or (3), as the case may be.
For the purposes of subsection (1), where the investigation is conducted by the Ministry of Domestic Trade and Cost of Living—
any person asserting that he is the owner of the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article, may, personally or by his agent authorized in writing, give a written notice to the Ministry of Domestic Trade and Cost of Living;
on receipt of the notice under paragraph (a), the Ministry of Domestic Trade and Cost of Living may, after making such enquiries as may be necessary, direct that such documents, securities held in respect of credit consumers’
transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article be released or forfeited or refer the matter to a magistrate; and
the magistrate to whom the matter is referred under paragraph (b) shall issue a summons requiring the person asserting that he is the owner of the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article and the person from whom they were seized to appear before such magistrate and upon their appearance or default to appear, due service of the summons being proved, the magistrate
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shall proceed to the examination of the matter and on proof that an offence has been committed under this
Act and that such goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, documents, securities held in respect of credit consumers’ transactions, titles, cash, information or article were the subject matter or were used in the commission of such offence shall order the same to be forfeited and shall, in the absence of such proof, order their release.
Where the investigation is conducted by a Regulatory and
Supervisory Authority other than the Ministry of Domestic Trade and Cost of Living, the investigating officer shall release documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article to such person as he determines to be lawfully entitled to them if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
credit
“credit” means any arrangement, agreement or facility as set out in subsection 5(2);
For the purposes of subsection (3), where an investigating officer is unable to locate the person who is lawfully entitled to the documents, securities held in respect of credit consumers’
person
“person” includes an individual, any sole proprietorship, corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article, the investigating officer shall cause to be published a notice in the Regulatory and Supervisory
property
“property” means— (a) assets of every kind, whether corporeal or incorporeal, moveable or immovable, tangible or intangible, however acquired; (b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including bank credits, traveller’s cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; or (c) any right, interest, title, claim, chose in action, power or privilege, whether present or future, or whether vested or contingent, in relation to any property, or which is otherwise of value;
Authority’s website or in any other means of publication as deemed fit by the Regulatory and Supervisory Authority calling upon any person who is lawfully entitled to the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article to claim such documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article within the period stipulated in the notice.
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Where no claim is made upon the expiry of the period specified in the notice published under subsection (4)—
the investigating officer shall make an application in writing to the court as to the disposal of such documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article; and
the court upon receiving the application under paragraph (a)
and being satisfied that the person under subsection (1)
who is lawfully entitled to the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article cannot be located, shall order the same to be forfeited or disposed of by the Regulatory and Supervisory Authority in accordance with the order made by the court.
A record in writing shall be made by the investigating officer effecting any release of any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article under subsection (1) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release.
document
“document” has the meaning assigned to it in section 3 of the Evidence Act 1950, and includes books as defined in the Companies Act 2016 and documents of title to assets;
No person shall, in any proceedings before any court in respect of the seizure of any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
computer
“computer” has the meaning assigned to it in section 3 of the Evidence Act 1950;
Where any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article seized in the exercise of any power under this Act is held in the custody
computer output
“computer output” means a statement or representation, whether in written, printed, pictorial, film, graphical, acoustic or other form— (a) produced by a computer; (b) displayed on the screen of a computer; or (c) accurately translated from a statement or representation so produced;
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of the Government pending the completion of any proceedings in respect of an offence under this Act, the cost of holding the same in custody, shall, in the event of any person being found guilty of an offence under this Act, be a debt due to the Government by such person and shall be recoverable accordingly.
this Act
“this Act” includes any subsidiary legislation, standard or guidelines and notification made under this Act;
For the purposes of this section, where the investigation is conducted by the Ministry of Housing and Local Government and the investigating officer is a police officer, such police officer shall be a senior police officer superior in rank to the senior police officer who effected the seizure.