(1) Notwithstanding anything contained in sub-section (1) of section 11, the court shall protect the legal rights of innocent third persons.
(2) In order to protect the legal rights of an innocent third person in accordance with sub-section (1), the court shall not confiscate property or instruments in the following cases:-
(a) if such person does not appear to have been involved in the offence,
(b) if any property or instrument does not appear to have been derived from or related to the offence,
(c) In the case of property or instrument given to someone prior to the commission of the offense, if he was not aware that such property or instrument could be used in the offense at the time of giving it,
(d) In the case of assets or instruments obtained during or after the commission of the offence, if such person is not involved in the offence, and if such property or instrument is obtained from the offense or is related to the offence, he has knowledge or there is no reasonable basis to know.
(3) If it is found that an innocent third person has a legal right to any property or instrument that has been confiscated and the situation is as per sub-section (2), the court shall return such property or instrument to the person concerned.
(4) If it is found that the property or instrument determined to be returned according to sub-section (3) has been sold at auction, the court shall return the amount received during auction sale of such property or instrument to the concerned person.