Introduction to Section 117 BNSS / Seizure and Attachment of Property
Section 117 BNSS is an important legal provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It deals with the procedure for seizing or attaching property that is believed to be involved in a criminal offense. When a police officer, during an investigation, suspects that a property might be hidden, transferred, or disposed of, they have the authority to take immediate steps to secure that property.
What is BNSS Section 117 ?
BNSS 117 deals with the procedure for seizing or attaching property that is believed to be involved in a criminal offense. When a police officer, during an investigation, suspects that a property might be hidden, transferred, or disposed of, they have the authority to take immediate steps to secure that property.
BNSS Section of 117 in Simple Points
1. Power to Seize Property if There’s a Risk
When a police officer is investigating a case under Section 116, and they believe that a particular property may be hidden, sold, or transferred, they can take immediate action. If the property is movable or can be taken into custody easily—such as cash, documents, or jewelry—the officer can seize it. Seizure means the officer physically takes the property and prevents anyone from using it or disposing of it. This step is important to preserve the evidence and prevent the accused from gaining an unfair advantage by hiding or destroying assets related to the crime.
2. Option to Attach Property If Seizure Isn’t Possible
Sometimes, it is not possible to physically seize the property—like in the case of land, buildings, or shares in a company. In such cases, the officer is allowed to issue an attachment order. This legal order says that the property cannot be sold, transferred, or dealt with without the officer’s written permission. A copy of this order must be given to the person who owns or controls the property, so they are aware that the asset is under legal watch. This helps prevent any backdoor deals or illegal transactions that could affect the investigation or future court proceedings.
3. Court’s Confirmation Is Mandatory Within 30 Days
One of the key safeguards under Section 117 is that the seizure or attachment order is only temporary unless confirmed by a court. Within 30 days of issuing such an order, the officer must get it approved by the court. If the court does not confirm the order, it becomes invalid and cannot be enforced further. This ensures that the police do not misuse their powers and that all such actions are monitored by the judiciary. It also gives the affected party a chance to raise objections and present their side in court, ensuring fairness and due process.
4. Protecting the Property from Being Misused
The main idea behind this section is to prevent criminals from benefiting from illegal property. Without such a law, someone under investigation could easily transfer the property to a relative, hide it abroad, or sell it quickly. That would make it very difficult for the courts to recover the property later. Section 117 stops this by allowing early legal control over such property. This means that justice is not delayed or denied, and the property can later be returned to the rightful owner or taken by the government if it is proven to be illegal.
5. Support for International Investigations
This section also fits into a broader legal context. If India is helping another country in a criminal investigation (under Section 115), and property in India is linked to that case, this section can be used to secure it. This is especially useful in cases involving money laundering, terrorism financing, or fraud where money or assets are spread across countries. So, Section 117 not only protects justice within India but also supports international legal cooperation. It ensures that property doesn’t slip through legal gaps, even when the crime crosses national borders.
Section 117 of BNSS Overview
BNSS Section 117 allows police to seize or attach property if it may be misused or hidden during a case. This ensures that property linked to crimes is safely secured. However, the court must confirm the seizure within 30 days, ensuring legal balance and accountability.
BNSS Section 117 – 10 Key Points
1. Purpose of Seizure or Attachment
BNSS Section 117 is designed to prevent suspects from hiding, selling, or transferring property that may be involved in a crime. If the investigating officer feels that such a risk exists, they are empowered to act quickly. The goal is to ensure that important evidence or illegal gains remain available for legal proceedings. This section helps secure justice by protecting critical assets from being tampered with.
2. Officer’s Power to Act Immediately
If the police officer conducting the investigation believes the property may be misused or hidden, they can immediately seize it. If physical seizure is not possible (such as land or a car in another city), they can issue an attachment order. This proactive power prevents the accused from destroying evidence or transferring ownership secretly.
3. Seizure of Movable Property
Movable property like money, gold, laptops, or vehicles can be physically seized by the officer. This means the item is taken into police custody. The officer must ensure a proper record is made and a receipt is given to the concerned person, maintaining legal transparency in the process.
4. Attachment of Immovable Property
If the property is immovable—like a house, flat, or plot—it cannot be seized physically. In this case, the officer will issue an attachment notice. This notice stops the property from being sold, gifted, or used as collateral until the investigation is complete or permission is granted by the officer.
5. Court Confirmation is Mandatory
Even though the officer can act quickly, their order is not permanent until confirmed by the court. Within 30 days, the officer must present the matter before the court. If the court does not approve it, the seizure or attachment order becomes invalid. This step ensures judicial control over police actions.
6. Legal Safeguards for Accused
BNSS Section 117 balances the rights of the accused and the needs of justice. The accused has the right to challenge the seizure or attachment in court. This ensures that no one is treated unfairly and every action is subject to judicial review.
7. Prevents Disposal of Crime-Linked Assets
The section is very useful in cases where criminals try to quickly sell or move their property to avoid legal action. By allowing seizure or attachment, the law stops such tactics and ensures that crime-related property remains safe and available for recovery or compensation.
8. Useful in White Collar and Financial Crimes
This provision is especially important in economic offences like fraud, money laundering, and scams. In such cases, money and assets change hands quickly. BNSS Section 117 allows fast action, helping the police secure bank balances, fake investments, and high-value items immediately.
9. Applies to Property Inside India
BNSS Section 117 mainly deals with property within India. However, when combined with Section 116 and international treaties, it can also help with foreign assets. This helps maintain proper control in cases involving international fraud or black money.
10. Supports Justice and Victim Compensation
Seizing and attaching property under Section 117 ensures that victims can get compensation from crime-related assets. For example, if a person is cheated in a financial fraud, the seized money can later be returned by court order. This gives relief to victims and strengthens the justice system.
Examples of BNSS Section 117
Example 1: A person accused of bank fraud tries to sell a flat bought with stolen money. The officer, fearing property disposal, immediately attaches the flat under Section 117.
Example 2: During a drug trafficking case, the police suspect the accused may hide cash in a friend’s locker. They seize the locker’s contents with court approval under Section 117.
Section 117 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Officer’s Power | Police can seize or attach property if there’s a chance it may be transferred, hidden, or sold. |
| 2. Two Options: Seize or Attach | If the item is movable (like cash), it can be seized; if not (like land), it can be legally attached. |
| 3. Judicial Confirmation Needed | The officer must get the court’s confirmation within 30 days of the order. |
| 4. Restriction on Property Use | Once attached, the property can’t be used, transferred, or sold without police permission. |
| 5. Helps in Justice & Asset Recovery | This ensures that assets gained from crime don’t escape the legal system. |
BNSS Section 117 FAQs
BNSS 117
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.