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BNSS, 2023
Start Practicing
BNSSChapter VIIISection 117
Section117

Seizure or attachment of property

AI Assist

Summary

An officer conducting an inquiry or investigation who believes property connected to the probe may be hidden, transferred or otherwise disposed of can order its seizure. If seizure is not practicable, the officer can order attachment to prevent transfer without the officer's prior permission, and must serve a copy of the order on the person. The order is effective only if a court confirms it within 30 days.

Example

Priya files an FIR about missing shop goods. During the investigation an officer believes jewellery at Ravi's stall may be secretly sold. The officer can order seizure or, if seizure is impracticable, attachment so Ravi cannot transfer or sell the goods without the officer's prior permission, and a copy of the order must be served on him. That order will remain effective only if a court confirms it within 30 days.

Bare Act

Enacted text

(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

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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 116Identifying unlawfully acquired propertyNext · Section 118Management of properties seized or forfeited under this Chapter