(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 and 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.
Bharatiya Nagarik Suraksha Sanhita
Section 117
Seizure or attachment of property
⚡ Quick Answer Reference: Section 117 BNSS
- Provision: Section 117 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section allows an officer to seize or attach property if they think it might be hidden, sold, or dealt with in a way that would make it hard to find. If it's not possible to seize the property, the officer can order that it not be moved or sold without permission. The order must be confirmed by a court within 30 days.
What does Section 117 of BNSS say?
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What does Section 117 of BNSS mean?
Plain English Explanation
This section allows an officer to seize or attach property if they think it might be hidden, sold, or dealt with in a way that would make it hard to find. If it's not possible to seize the property, the officer can order that it not be moved or sold without permission. The order must be confirmed by a court within 30 days.
Practical Interpretation
In practice, this section is used when an officer is investigating a case and suspects that property is being hidden or moved to avoid detection. The officer can then seize or attach the property to prevent it from being lost or destroyed.
Core Legal Purpose
The core purpose of this section is to ensure that property related to an investigation is preserved and not tampered with, allowing the officer to conduct a thorough and fair investigation.
- •The officer must have a reason to believe that the property is likely to be concealed, transferred, or dealt with in a way that would result in its disposal.
- •The officer must make an order for seizing or attaching the property.
- •The order must be served on the person concerned.
- •The order must be confirmed by a court within 30 days.
Practical Example of Section 117 BNSS
Rajesh, a businessman, is being investigated for money laundering. The investigating officer, Mr. Kumar, suspects that Rajesh is hiding some of the proceeds in a secret bank account. Mr. Kumar makes an order to seize the account and attach the funds, preventing Rajesh from accessing them. The order is served on Rajesh, and the court confirms it within 30 days, allowing the investigation to proceed.
Frequently Asked Questions about Section 117 BNSS
Q: What is the punishment or consequence under Section 117 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
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 general provision for seizure and attachment of property in the context of an investigation.
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.
Common Questions about Section 117 BNSS
What is Section 117 of BNSS?
Section 117 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Seizure or attachment of property". In plain terms: This section allows an officer to seize or attach property if they think it might be hidden, sold, or dealt with in a way that would make it hard to find. If it's not possible to seize the property, the officer can order that it not be moved or sold without permission. The order must be confirmed by a court within 30 days.
What is the punishment under Section 117 of BNSS?
Section 117 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 117 of BNSS bailable or non-bailable?
Section 117 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 117 of BNSS?
The essential elements of Section 117 of BNSS are: The officer must have a reason to believe that the property is likely to be concealed, transferred, or dealt with in a way that would result in its disposal.; The officer must make an order for seizing or attaching the property.; The order must be served on the person concerned..
Landmark Judgments under Section 117 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 117
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