(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.
Bharatiya Nagarik Suraksha Sanhita
Section 116
Identifying unlawfully acquired property
Englishहिंदी
⚡ Quick Answer Reference: Section 116 BNSS
- Provision: Section 116 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section requires a court to direct a police officer to trace and identify property that may have been acquired unlawfully. The officer can conduct inquiries, investigations, or surveys to gather information.
Statutory Content
What does Section 116 of BNSS say?
Indian StandardSection 116, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 116 (India)
Court Pleading StandardSection 116 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/116
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 116 of BNSS mean?
Plain English Explanation
This section requires a court to direct a police officer to trace and identify property that may have been acquired unlawfully. The officer can conduct inquiries, investigations, or surveys to gather information.
Practical Interpretation
In practice, this section means that a court can order a police investigation to identify property that may be tainted by corruption or other unlawful activities. The police officer will gather information and conduct inquiries to determine the ownership and legitimacy of the property.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for identifying and tracing property that may have been acquired through unlawful means, allowing the court to take further action to recover the property or impose penalties.
Key Legal Elements
- •The court must direct a police officer to take steps to trace and identify the property.
- •The police officer must be of the rank of Sub-Inspector or higher.
- •The steps to be taken may include inquiries, investigations, or surveys.
- •The court must issue directions to the police officer on how to conduct the inquiry, investigation, or survey.
Practical Example
Practical Example of Section 116 BNSS
Rajesh, a businessman, is suspected of acquiring a plot of land through corrupt means. The court orders a police investigation under Section 116 of BNSS. The police officer, Inspector Kumar, is directed to conduct an inquiry to gather information about the ownership and legitimacy of the land. Inspector Kumar surveys the land, interviews witnesses, and examines documents to determine the true ownership of the land. Based on the findings, the court can take further action to recover the land or impose penalties on Rajesh.
Common Questions (FAQ)
Frequently Asked Questions about Section 116 BNSS
Q: What is the punishment or consequence under Section 116 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of a successful investigation under this section may include the recovery of the property or imposition of penalties under other provisions of the BNSS.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a procedural provision for tracing and identifying property that may have been acquired unlawfully.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 116 BNSS
What is Section 116 of BNSS?
Section 116 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Identifying unlawfully acquired property". In plain terms: This section requires a court to direct a police officer to trace and identify property that may have been acquired unlawfully. The officer can conduct inquiries, investigations, or surveys to gather information.
What is the punishment under Section 116 of BNSS?
Section 116 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 116 of BNSS bailable or non-bailable?
Whether Section 116 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 116 of BNSS?
The essential elements of Section 116 of BNSS are: The court must direct a police officer to take steps to trace and identify the property.; The police officer must be of the rank of Sub-Inspector or higher.; The steps to be taken may include inquiries, investigations, or surveys..
Landmark Case Laws
Landmark Judgments under Section 116 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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