What Is BNSS Section 116?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 116: Identifying unlawfully acquired property

(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.

Brefe Detail

This section empowers the Court to direct police officers to trace and identify unlawfully acquired property. It outlines the procedures for inquiries and investigations that may involve various assets and documents, ensuring that law enforcement can effectively locate and identify such properties.

Question & Answers

What is the role of the Court under Section 116?

The Court directs police officers to trace and identify unlawfully acquired property.

Who can be directed to take steps for tracing property?

Any police officer not below the rank of Sub-Inspector of Police.

What types of inquiries or investigations are included?

Inquiries, investigations, or surveys regarding any person, place, property, assets, documents, and books of account in banks or financial institutions.

How should these inquiries be conducted?

They must be carried out in accordance with the directions issued by the Court.

Example

- A Court receives a letter of request under Section 115 indicating that a person may have unlawfully acquired property.

- The Court directs a Sub-Inspector of Police to investigate.

- The officer conducts inquiries into the individual’s bank accounts and asset ownership, following the Court's specific directions.

Summary

Section 116 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for identifying unlawfully acquired property by authorizing police officers to conduct inquiries and investigations as directed by the Court. This process aims to enhance the effectiveness of legal proceedings related to unlawful property acquisition.