Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 117: Seizure or Attachment of Property
(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred, or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property. Where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.
Brefe Detail
Section 117 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for the seizure or attachment of property during an inquiry or investigation. It allows an officer to seize property that may be concealed or disposed of. If seizing is impractical, an attachment order can be issued, preventing the property from being transferred without permission. Importantly, such orders must be confirmed by a Court within thirty days to remain effective.
Question & Answers
Q1: What can an officer do if they believe property is likely to be concealed or disposed of?
A1: The officer may order the seizure of the property or, if impractical, issue an attachment order to prevent its transfer.
Q2: What must happen to an attachment order for it to remain effective?
A2: The attachment order must be confirmed by a Court within thirty days of being made.
Q3: Who is responsible for serving the order on the person concerned?
A3: A copy of the order must be served on the person concerned by the officer making the order.
Q4: What happens if the order is not confirmed by the Court within thirty days?
A4: If not confirmed, the order shall have no effect.
Example
- Example 1: If an officer suspects that a suspect is planning to hide their assets, they may seize the property immediately to prevent its disposal.
- Example 2: In cases where it is not feasible to seize the property, the officer may issue an attachment order, requiring prior permission for any transfer.
- Example 3: If a property is attached under this section, the individual must wait for the Court's confirmation within thirty days to ensure the order remains valid.
Summary
Section 117 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides law enforcement officers with the authority to seize or attach property that may be at risk of concealment or disposal during an inquiry. It establishes a process for ensuring that such orders are confirmed by a Court within a specified timeframe, thereby ensuring legal oversight and protection of rights.
