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BNSS, 2023
Start Practicing
BNSSChapter VIIISection 116
Section116

Identifying unlawfully acquired property

AI Assist

Summary

When the Court wants to trace property suspected to be unlawfully acquired, it can direct a police officer of Sub-Inspector rank or above to locate and identify that property. The officer may carry out inquiries, investigations or surveys into persons, places, assets, bank accounts, documents and other relevant matters. All work must follow directions the Court gives.

Example

Priya suspects her tenant Arjun bought a house with illicit money and asks the Court to trace it. The Court directs a Sub-Inspector to investigate Arjun's assets, bank accounts and documents. The officer carries out the inquiries as per the Court's directions to identify the property.

Bare Act

Enacted text

(1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

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VIII

Chapter VIII

Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property

In this chapter

  • 111Definitions
  • 112Letter of request to competent authority for investigation in a country or place outside India
  • 113Letter of request from a country or place outside India to a Court or an authority for investigation in India
  • 114Assistance in Securing transfer of persons
  • 115Assistance in relation to orders of attachment or forfeiture of property
  • 116Identifying unlawfully acquired property
  • 117Seizure or attachment of property
  • 118Management of properties seized or forfeited under this Chapter
  • 119Notice of forfeiture of property
  • 120Forfeiture of property in certain cases
  • 121Fine in lieu of forfeiture
  • 122Certain transfers to be null and void
  • 123Procedure in respect of letter of request
  • 124Application of this Chapter
Previous · Section 115Assistance in relation to orders of attachment or forfeiture of propertyNext · Section 117Seizure or attachment of property