Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void.
Bharatiya Nagarik Suraksha Sanhita
Section 122
Certain transfers to be null and void
Englishहिंदी
⚡ Quick Answer Reference: Section 122 BNSS
- Provision: Section 122 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section says that if property is transferred after a certain order or notice is made, that transfer will be ignored and considered null and void if the property is later forfeited to the government.
Statutory Content
What does Section 122 of BNSS say?
Indian StandardSection 122, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 122 (India)
Court Pleading StandardSection 122 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/122
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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 122 of BNSS mean?
Plain English Explanation
This section says that if property is transferred after a certain order or notice is made, that transfer will be ignored and considered null and void if the property is later forfeited to the government.
Practical Interpretation
In practice, this section means that any attempts to transfer property after an order or notice has been issued will not be recognized, ensuring the government can forfeit the property if needed.
Core Legal Purpose
The purpose of this section is to prevent the evasion of forfeiture by transferring property after an order or notice has been issued, thereby protecting the government's ability to seize assets.
Key Legal Elements
- •An order under sub-section (1) of section 117 or a notice under section 119 must have been made or issued.
- •The property in question must have been transferred after the order or notice.
- •The key test is whether the transfer occurred after the order or notice, which determines its validity.
- •There are no explicit exceptions mentioned in this section, but it only applies to transfers made after the specified order or notice.
Practical Example
Practical Example of Section 122 BNSS
For example, if Rajesh receives a notice under section 119 regarding his property, and then he transfers the property to his friend Priya, this transfer will be considered null and void if the property is later forfeited to the government under section 120. The government will treat the property as if it still belongs to Rajesh for the purposes of forfeiture.
Common Questions (FAQ)
Frequently Asked Questions about Section 122 BNSS
Q: What is the consequence under Section 122 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the validity of property transfers after a certain order or notice.
Q: Does this section apply to private individuals or public entities?
The section applies to any property transfers made after an order or notice, without specifying whether it's a private individual or public entity, implying it could apply to both.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence in the traditional sense but rather a procedural outcome regarding property transfers. Thus, it does not classify as bailable or cognizable in the context provided.
People Also Ask (PAA)
Common Questions about Section 122 BNSS
What is Section 122 of BNSS?
Section 122 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Certain transfers to be null and void". In plain terms: This section says that if property is transferred after a certain order or notice is made, that transfer will be ignored and considered null and void if the property is later forfeited to the government.
What is the punishment under Section 122 of BNSS?
Section 122 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 122 of BNSS bailable or non-bailable?
Whether Section 122 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 122 of BNSS?
The essential elements of Section 122 of BNSS are: An order under sub-section (1) of section 117 or a notice under section 119 must have been made or issued.; The property in question must have been transferred after the order or notice.; The key test is whether the transfer occurred after the order or notice, which determines its validity..
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