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CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Section 116: Identifying unlawfully acquired property

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 116. Try these from the free papers:

  1. 1. Consider the following statements about the procedure for attachment and forfeiture of property under Chapter VIII of the BNSS: 1. The Court shall direct a police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying the property. 2. Where the Court records a finding that any property is proceeds of crime, the property stands forfeited to the State Government in which it is situated. 3. A transfer of the property made after the issue of a notice under Section 119 is to be ignored, and if the property is later forfeited, the transfer is deemed to be null and void. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita