Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 119: Notice of Forfeiture of Property
(1) If as a result of the inquiry, investigation, or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings, or assets, out of which or by means of which he has acquired such property, the evidence on which he relies, and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.
Brefe Detail
Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for issuing a notice of forfeiture regarding properties believed to be proceeds of crime. It requires the affected person to provide information about the source of their income and to explain why the properties should not be declared as proceeds of crime. The section also mandates that if a property is held on behalf of the affected person by another, that person must also receive a copy of the notice.
Question & Answers
Q1: What triggers the issuance of a notice under Section 119?
A1: A notice is issued when the Court believes that certain properties are proceeds of crime as a result of an inquiry, investigation, or survey under section 116.
Q2: What must the affected person do upon receiving the notice?
A2: The affected person must indicate the source of income, earnings, or assets used to acquire the property, provide evidence, and show cause why the properties should not be forfeited.
Q3: What is the time frame given for responding to the notice?
A3: The affected person has thirty days from the date specified in the notice to respond.
Q4: What happens if the property is held on behalf of the affected person by someone else?
A4: A copy of the notice must also be served to the person who holds the property on behalf of the affected person.
Example
- Example 1: If an individual is suspected of having acquired a luxury car through illegal means, they will receive a notice to explain the source of funds used to purchase the vehicle.
- Example 2: If the notice identifies a bank account as being held on behalf of the affected person, the bank must also be served a copy of the notice.
- Example 3: The affected person may present financial documents and other evidence to justify the legitimacy of their property within the thirty-day period.
Summary
Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a formal process for notifying individuals about the potential forfeiture of properties believed to be proceeds of crime. It outlines the responsibilities of the affected persons to provide necessary information and ensures that all parties involved in the property ownership are notified appropriately.
