Provides mechanism for administration and safeguarding of seized or forfeited property during criminal proceedings.
Ensures proper custody, preservation, and regulated disposal of properties connected with offences.
Introduction
Section 118 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the management of properties seized or forfeited under provisions relating to attachment, seizure, and forfeiture of unlawful assets. The section empowers the Central Government to appoint administrators or prescribe procedures for custody and maintenance of such property to prevent deterioration, misuse, or unlawful transfer.
It ensures structured handling of proceeds of crime during pendency of proceedings.
Objective of the Provision
The objectives of Section 118 BNSS are
- to regulate custody and administration of seized or forfeited property
- to prevent misuse or deterioration of such property
- to ensure preservation of value of unlawful assets
- to facilitate effective implementation of forfeiture orders
The provision strengthens institutional control over property secured during criminal proceedings.
Meaning / Concept
Management of Seized Property
Management refers to lawful supervision, preservation, and administration of property seized during investigation or proceedings to ensure it remains available for adjudication.
This may include maintenance, custody arrangements, or temporary utilization under supervision.
Management of Forfeited Property
Where property is forfeited after adjudication, it becomes subject to government control and must be administered according to prescribed procedures ensuring transparency and accountability.
Thus, the provision ensures orderly handling of property after attachment or forfeiture.
Detailed Explanation of the Section
Section 118 BNSS provides that
- the Central Government may appoint an Administrator for management of properties seized or forfeited under the Chapter
- the Administrator shall exercise powers and perform functions relating to custody, maintenance, and disposal of such property
- management shall be carried out in accordance with prescribed rules and procedures
The Administrator may
- take possession of seized or forfeited property
- maintain records of such property
- preserve its value
- take steps necessary for proper management
Key features include
- statutory recognition of administrative supervision
- appointment of designated authority by Central Government
- applicability to both seized and forfeited property
- structured preservation and maintenance mechanisms
These safeguards ensure responsible handling of unlawful assets.
Procedure or Legal Framework
The procedural framework under Section 118 BNSS generally includes
- seizure or forfeiture of property under Sections 115 to 117 BNSS
- appointment of Administrator by Central Government
- transfer of custody of property to Administrator
- maintenance and preservation of property
- compliance with prescribed management procedures
- disposal according to law where required
This ensures institutional oversight over property connected with offences.
Judicial Interpretation
Courts have emphasized that property seized during criminal proceedings must be properly preserved and managed to protect rights of affected parties and ensure evidentiary integrity.
In Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, the Supreme Court stressed that seized property should be managed efficiently and not allowed to deteriorate in custody.
In State of Maharashtra v. Tapas D. Neogy (1999) 7 SCC 685, the Court recognized the necessity of securing property connected with criminal activity through lawful administrative control.
In Nevada Properties Pvt. Ltd. v. State of Maharashtra (2019) 20 SCC 119, the Supreme Court clarified limits of seizure powers and emphasized judicial supervision over property-related proceedings.
These rulings reinforce structured management of seized or forfeited property under Section 118 BNSS.
Importance of the Provision
Section 118 BNSS is important because
- it ensures preservation of seized or forfeited property
- it prevents deterioration or misuse of assets during proceedings
- it enables appointment of authorized administrators
- it strengthens implementation of forfeiture mechanisms
The provision plays a crucial role in effective asset management within criminal procedure.
Connection with Other Sections
Section 118 BNSS operates alongside related provisions governing attachment and forfeiture of unlawful property
- Section 115 BNSS – Assistance in relation to orders of attachment or forfeiture of property
- Section 116 BNSS – Identifying unlawfully acquired property
- Section 117 BNSS – Seizure or attachment of property
- Section 119 BNSS – Notice of forfeiture of property
Corresponding Provision under Old Law
Section 118 BNSS corresponds to Section 105F of the Code of Criminal Procedure, 1973.
Illustrative Example
During investigation of a financial fraud case, several immovable properties suspected to be purchased using illicit funds are attached by court order. The Central Government appoints an Administrator to manage and preserve these properties until final adjudication. This action is valid under Section 118 BNSS.
Conclusion
Section 118 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured framework for management of properties seized or forfeited during criminal proceedings. By enabling appointment of administrators and regulating custody and preservation of assets, the provision strengthens enforcement of property-related orders within criminal justice administration.
