Introduction to Section 116 BNSS
Section 116 BNSS In many criminal cases, especially those involving corruption, fraud, drug trafficking, or money laundering, the accused may acquire assets using illegal means. Section 116 of the Bharatiya Nyaya Sanhita (BNSS) empowers Indian courts to trace such properties. It also provides for action based on foreign country requests where international agreements exist. The goal is to strengthen the legal system in recovering crime-related assets.
What is BNSS Section 116 ?
BNSS Section 116 deals with identifying property that has been obtained through illegal or criminal activities. It gives courts the power to direct police officers to trace and find such unlawfully acquired property. This section ensures that the proceeds of crime are tracked and potentially seized to prevent their use or transfer.
BNSS Section of 116 in Simple Points
1. Court Can Start Investigation to Trace Illegal Property
Under BNSS Section 116, if the court believes that someone has gained property through criminal activities, it can begin the process of finding out where that property is. The court can act on its own or based on a request from a foreign country under Section 115. This gives the court the power to ensure that any money or assets obtained through crimes do not remain hidden or are not used freely by the accused.
2. Only Police Officer of Certain Rank Can Investigate
The law clearly states that only a police officer who holds the rank of Sub-Inspector or above can be directed by the court to carry out this investigation. This ensures that only experienced and trained officers are trusted with the responsibility of tracking such sensitive property. It helps in maintaining discipline, professionalism, and accountability during the investigation.
3. Officer Can Conduct Inquiry, Survey, or Investigation
The officer appointed by the court can use several methods such as inquiry, investigation, or survey to find details about the suspected illegal property. These steps can involve checking documents, talking to people, visiting places, or collecting information related to the property. This flexible approach helps the officer trace the origin and current status of any property suspected to be linked to a crime.
4. Access to Financial Records and Bank Details Allowed
The investigating officer is allowed to check bank accounts, financial statements, and records kept in banks or public financial institutions. Many times, criminals try to hide their illegal money in bank accounts or investments. This law allows proper checks of these areas, which helps expose the financial trail of crime money and makes it easier to prove the case in court.
5. Investigation Must Follow Court Instructions
One of the most important aspects of BNSS Section 116 is that the officer must follow the specific directions given by the court while conducting the investigation. This helps to ensure that the investigation is done fairly, legally, and within proper limits. It protects the rights of individuals and at the same time allows the system to trace criminal assets in a well-regulated manner.
Section 116 of BNSS Overview
BNSS Section 116 allows a court to appoint a police officer (Sub-Inspector rank or above) to investigate and trace illegal property. The investigation can include checking bank records, financial assets, or properties obtained from a crime. The officer must follow the court’s instructions strictly. This ensures transparency and legal procedure in identifying unlawful assets.
BNSS Section 116 – 10 Key Points
1. Court’s Power to Direct Action
BNSS Section 116 gives power to the Court to begin the process of tracing property believed to be obtained through illegal or criminal activities. The Court can start this action on its own, or after receiving a request from a foreign country under Section 115(3). This ensures that the court can initiate investigation into criminal proceeds even if the property is hidden or disguised.
2. Who Can Be Assigned the Task
The law clearly mentions that only a police officer not below the rank of Sub-Inspector can be directed to perform the tracing or identification of unlawful property. This means only experienced and responsible officers are given this duty to ensure the process is done with seriousness and proper authority.
3. Types of Investigative Steps Allowed
The officer directed by the Court can use inquiry, investigation, or even survey methods to gather information. These steps can be taken not just against a person, but also at places or properties suspected to be connected with crime money. This makes the investigation more flexible and detailed.
4. Access to Financial Institutions
The section allows the officer to inspect documents, books of account, or any financial details kept in banks or public financial institutions. Since criminals often use banks to hide illegal money, this step is very useful to detect such activities through transaction records.
5. Detailed Court Supervision
All investigation or inquiries under this section must follow the specific directions given by the Court. This ensures that the officer works within the legal limits and does not misuse his power. The court’s supervision protects the rights of individuals while also ensuring proper investigation.
6. Based on Domestic and International Requests
If a request comes from a foreign country (called a contracting state) regarding property in India linked to a foreign crime, the Court can act on that too. This section works as a part of India’s international cooperation efforts to combat global crime, especially financial crimes.
7. Supporting Future Attachment or Seizure
The main goal of Section 116 is not just tracing, but to prepare for attachment or forfeiture under the next legal steps (Sections 117 to 122). Once the property is identified, the government can take legal control of it and stop the criminal from using it further.
8. Helps in Breaking Criminal Networks
Criminals often spread their illegal property under fake names or in different cities and countries. Section 116 allows a structured investigation that helps break such complicated property chains. It indirectly helps in finding hidden partners or wider criminal networks.
9. Ensures Transparency and Accountability
Since the officer must report back to the Court and follow its directions, every action taken is under judicial check. This makes the whole process more transparent, accountable, and law-abiding, which is crucial in criminal financial investigations.
10. Strong Weapon Against Economic Crimes
Section 116 is a powerful legal tool in the hands of the Indian judiciary and police. It strengthens the criminal justice system by allowing authorities to not only punish criminals but also to take back the money or property gained from the crime. It shows that crime will not lead to wealth in the long run.
Examples of BNSS Section 116
- Example 1: A businessman is found guilty of a financial scam and is suspected of using the stolen money to buy property in another city. The court appoints a Sub-Inspector to investigate and trace the property using BNSS Section 116.
- Example 2: A foreign court informs the Indian government that a person in India is hiding assets linked to a drug trafficking case. The Indian court, under Section 116, directs a police officer to trace these assets for legal action.
Section 116 of BNSS Short Information
| Key Point Number | Key Point Title | Description |
|---|---|---|
| 1 | Power of Court | The court can begin the process to trace illegal property on its own or based on a request under Section 115. |
| 2 | Role of Police Officer | Only a Sub-Inspector or higher rank officer can be assigned to conduct the investigation. |
| 3 | Inquiry and Investigation Methods | Officer can use surveys, inquiries, or investigation methods to trace the property. |
| 4 | Access to Financial Institutions | Officer is allowed to check bank accounts, assets, and documents from financial institutions. |
| 5 | Must Follow Court Orders | All investigation steps must follow clear court directions to ensure legality and fairness. |
BNSS Section 116 FAQs
BNSS 116
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