Requires issuance of notice before forfeiture of property connected with criminal activity.
Ensures opportunity of hearing to affected persons prior to confiscation proceedings.
Introduction
Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides that before any property identified as unlawfully acquired is forfeited, the competent authority must issue a notice to the person affected, requiring them to explain the source of acquisition. The provision safeguards principles of natural justice by ensuring that forfeiture orders are not passed without giving the concerned person an opportunity to be heard.
It establishes procedural fairness in proceedings relating to confiscation of property.
Objective of the Provision
The objectives of Section 119 BNSS are
- to ensure fairness before forfeiture of property
- to provide opportunity to explain lawful source of assets
- to prevent arbitrary confiscation of property
- to strengthen transparency in forfeiture proceedings
The provision protects property rights while enabling enforcement against illicit assets.
Meaning / Concept
Notice Before Forfeiture
A notice under this section is a formal communication issued by the competent authority requiring the person concerned to
- indicate the source of acquisition of property
- provide supporting documents or explanation
- show cause why the property should not be forfeited
Such notice is mandatory before passing forfeiture orders.
Principle of Natural Justice
The section incorporates the rule of audi alteram partem, ensuring that no person is deprived of property without an opportunity to present their case.
Thus, forfeiture proceedings remain legally sustainable and procedurally fair.
Detailed Explanation of the Section
Section 119 BNSS provides that
- where the competent authority has reason to believe that property identified under earlier provisions represents unlawfully acquired property
- it shall serve a notice upon the person affected
- the notice shall require the person to indicate
- the source of income
- evidence supporting lawful acquisition
- reasons why the property should not be declared forfeited
The authority shall consider
- the explanation submitted
- supporting documents produced
- relevant circumstances of acquisition
before passing any forfeiture order.
Key features include
- mandatory issuance of notice before forfeiture
- opportunity to explain lawful ownership
- consideration of reply before decision
- protection against arbitrary deprivation of property
These safeguards ensure fairness in confiscation proceedings.
Procedure or Legal Framework
The procedural framework under Section 119 BNSS generally includes
- identification of unlawfully acquired property under Section 116 BNSS
- initiation of attachment or seizure under Section 117 BNSS
- issuance of show cause notice by competent authority
- submission of explanation by affected person
- evaluation of evidence and submissions
- passing of forfeiture order where justified
This procedure ensures compliance with natural justice principles.
Judicial Interpretation
Courts have consistently held that forfeiture of property must follow due process and cannot be ordered without providing opportunity of hearing.
In Maneka Gandhi v. Union of India (1978) 1 SCC 248, the Supreme Court emphasized that deprivation of rights must follow fair, just, and reasonable procedure.
In Bishambhar Dayal Chandra Mohan v. State of Uttar Pradesh (1982) 1 SCC 39, the Court recognized protection of property rights through procedural safeguards.
In Attorney General for India v. Amratlal Prajivandas (1994) 5 SCC 54, the Supreme Court highlighted the necessity of notice and hearing before forfeiture of unlawfully acquired property.
These decisions reinforce the procedural safeguards incorporated under Section 119 BNSS.
Importance of the Provision
Section 119 BNSS is important because
- it protects individuals from arbitrary forfeiture of property
- it ensures opportunity to establish lawful ownership
- it strengthens transparency in confiscation proceedings
- it promotes fairness in criminal asset recovery mechanisms
The provision plays a critical role in balancing enforcement powers with property rights.
Connection with Other Sections
Section 119 BNSS operates alongside related provisions governing forfeiture of unlawful property
- Section 116 BNSS – Identifying unlawfully acquired property
- Section 117 BNSS – Seizure or attachment of property
- Section 118 BNSS – Management of properties seized or forfeited
- Section 120 BNSS – Forfeiture of property in certain cases
Corresponding Provision under Old Law
Section 119 BNSS corresponds to Section 105G of the Code of Criminal Procedure, 1973.
Illustrative Example
During investigation of a corruption case, authorities identify immovable property suspected to have been purchased using illegal funds. Before declaring forfeiture, the competent authority issues a notice to the accused requiring explanation of the source of funds. After considering the response, the authority proceeds further according to law. This procedure complies with Section 119 BNSS.
Conclusion
Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates issuance of notice before forfeiture of property suspected to be unlawfully acquired. By ensuring opportunity of hearing and adherence to principles of natural justice, the provision safeguards fairness in confiscation proceedings while enabling effective recovery of illicit assets.
