(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.
Bharatiya Nagarik Suraksha Sanhita
Section 119
Notice of forfeiture of property
⚡ Quick Answer Reference: Section 119 BNSS
- Provision: Section 119 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 person to explain the source of their income or assets if the court suspects it's from a crime. They have 30 days to respond.
What does Section 119 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 119 of BNSS mean?
Plain English Explanation
This section requires a person to explain the source of their income or assets if the court suspects it's from a crime. They have 30 days to respond.
Practical Interpretation
In practice, this section allows the court to investigate and potentially seize properties suspected of being acquired through criminal means, by requiring the owner to provide evidence of legitimate income or assets.
Core Legal Purpose
The core purpose is to provide a legal mechanism for the court to identify and potentially forfeit properties that are proceeds of crime, ensuring that criminal activities do not yield financial benefits.
- •The court must have reason to believe the properties are proceeds of crime based on an inquiry, investigation, or survey under section 116.
- •A notice must be served to the person affected, requiring them to indicate the source of income, earnings, or assets used to acquire the property.
- •The key legal test is whether the court has reason to believe the properties are proceeds of crime.
- •A key exception is the requirement to serve a copy of the notice to any other person specified as holding the property on behalf of the person affected.
Practical Example of Section 119 BNSS
Rajesh is suspected of acquiring a property through illegal means. The court serves him a notice under Section 119, requiring him to explain the source of his income used to buy the property within 30 days. If Rajesh fails to provide satisfactory evidence, the court may declare the property as proceeds of crime and forfeit it to the Central Government.
Frequently Asked Questions about Section 119 BNSS
Q: What is the punishment or consequence under Section 119 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the potential forfeiture of properties to the Central Government if they are found to be proceeds of crime.
Q: Does this section apply to private individuals or public entities?
The section applies to any person suspected of holding properties that are proceeds of crime, which can include both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of an offence as bailable or cognizable, as it is focused on the procedural aspect of noticing and potentially forfeiting properties suspected of being proceeds of crime.
Common Questions about Section 119 BNSS
What is Section 119 of BNSS?
Section 119 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Notice of forfeiture of property". In plain terms: This section requires a person to explain the source of their income or assets if the court suspects it's from a crime. They have 30 days to respond.
What is the punishment under Section 119 of BNSS?
Section 119 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 119 of BNSS bailable or non-bailable?
Whether Section 119 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 119 of BNSS?
The essential elements of Section 119 of BNSS are: The court must have reason to believe the properties are proceeds of crime based on an inquiry, investigation, or survey under section 116.; A notice must be served to the person affected, requiring them to indicate the source of income, earnings, or assets used to acquire the property.; The key legal test is whether the court has reason to believe the properties are proceeds of crime..
Landmark Judgments under Section 119 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 119
Ask Nyaya AI About Section 119
Select a pre-configured prompt to run this section through the grounded research engine.