Provides authority to seize or attach identified property connected with criminal activity.
Ensures preservation of proceeds of crime pending adjudication or forfeiture proceedings.
Introduction
Section 117 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers courts to order seizure or attachment of property identified as connected with criminal activity, particularly property believed to be proceeds of crime or unlawfully acquired assets. The provision ensures that such property remains secured during investigation, inquiry, or trial and is not transferred, concealed, or disposed of before final adjudication.
It plays an important role in strengthening asset recovery mechanisms in criminal procedure.
Objective of the Provision
The objectives of Section 117 BNSS are
- to secure property identified as proceeds of crime
- to prevent transfer or concealment of unlawful assets
- to facilitate attachment prior to forfeiture proceedings
- to preserve evidentiary value of property connected with offences
The provision ensures effective control over illicit property during criminal proceedings.
Meaning / Concept
Seizure of Property
Seizure refers to taking physical possession of movable property suspected to be connected with criminal activity for purposes of investigation or trial.
It ensures preservation of material evidence.
Attachment of Property
Attachment refers to legal restraint imposed on property—especially immovable property—preventing its transfer, sale, or disposal pending determination of its lawful status.
Thus, seizure and attachment operate as preventive measures before final forfeiture.
Detailed Explanation of the Section
Section 117 BNSS provides that
- where a court has reason to believe that property identified under Section 116 BNSS represents unlawfully acquired property
- it may order seizure or attachment of such property
- the order may apply to property located within or outside India
- execution may be carried out through competent authorities as prescribed
The provision ensures that
- identified property is secured during proceedings
- evidence relating to proceeds of crime is preserved
- unlawful transfer of assets is prevented
- subsequent forfeiture proceedings remain effective
Key features include
- requirement of prior identification of property
- applicability to movable and immovable assets
- judicial supervision over seizure or attachment
- linkage with international cooperation mechanisms where necessary
These safeguards ensure lawful preservation of suspected criminal assets.
Procedure or Legal Framework
The procedural framework under Section 117 BNSS generally includes
- identification of unlawfully acquired property under Section 116 BNSS
- formation of judicial satisfaction regarding necessity of seizure or attachment
- issuance of seizure or attachment order
- execution through police or competent authority
- preservation of property pending adjudication
- continuation toward forfeiture or restoration proceedings
Execution may involve assistance from foreign jurisdictions where property is located abroad.
Judicial Interpretation
Courts have emphasized that seizure or attachment of property must be supported by reasonable grounds and remain subject to judicial scrutiny.
In State of Maharashtra v. Tapas D. Neogy (1999) 7 SCC 685, the Supreme Court recognized that property connected with offences may be secured through attachment during investigation.
In Nevada Properties Pvt. Ltd. v. State of Maharashtra (2019) 20 SCC 119, the Court clarified limits of seizure powers and emphasized the importance of statutory compliance.
In Ram Jethmalani v. Union of India (2011) 8 SCC 1, the Supreme Court highlighted the importance of securing illicit assets to ensure effective enforcement of criminal law.
These rulings support controlled exercise of seizure and attachment powers under Section 117 BNSS.
Importance of the Provision
Section 117 BNSS is important because
- it prevents concealment of proceeds of crime
- it preserves property for forfeiture proceedings
- it strengthens enforcement against economic offences
- it ensures judicial control over suspected illicit assets
The provision plays a central role in criminal asset recovery procedures.
Connection with Other Sections
Section 117 BNSS operates alongside related provisions governing recovery of unlawful property
- Section 111 BNSS – Definitions
- Section 115 BNSS – Assistance in relation to orders of attachment or forfeiture of property
- Section 116 BNSS – Identifying unlawfully acquired property
- Section 118 BNSS – Management of properties seized or forfeited
Corresponding Provision under Old Law
Section 117 BNSS corresponds to Section 105E of the Code of Criminal Procedure, 1973.
Illustrative Example
During investigation of a corruption case, authorities identify immovable property purchased using illegal funds. The court orders attachment of the property to prevent its transfer pending forfeiture proceedings. This action is valid under Section 117 BNSS.
Conclusion
Section 117 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to order seizure or attachment of property identified as proceeds of crime or unlawfully acquired assets. By securing such property during criminal proceedings, the provision strengthens effectiveness of asset recovery and enforcement mechanisms within criminal justice administration.
