Introduction to Section 118 BNSS
Section 118 BNSS is a part of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces the older Criminal Procedure Code (CrPC). This section plays a key role in handling seized or forfeited property during a criminal trial. It ensures that no property linked to a crime is misused or left unguarded during the investigation and trial.
What is BNSS Section 118 ?
BNSS Section 118 deals with how the government manages any property that has been seized or forfeited during a criminal investigation. It gives the Court the power to appoint a responsible government officer (usually the District Magistrate) to manage that property. This section ensures that such property is protected, maintained, and disposed of properly if required.
BNSS Section of 118 in Simple Points
1. Court Appoints an Administrator
BNSS Section 118 allows the Court to appoint a responsible officer to manage property that has been seized or forfeited. Usually, the District Magistrate of the area where the property is located is chosen. However, if needed, the District Magistrate can nominate another officer for the role. This ensures that seized property is not left unmanaged.
2. Role of the Administrator
The Administrator is responsible for receiving and managing the property. This means they must keep the property safe, secure, and in usable condition. The Central Government may also set certain rules and instructions that the Administrator must follow while managing the property.
3. Managing Seized or Forfeited Property
The property under this section may be seized (temporarily taken) or forfeited (permanently taken by the government). The Administrator must handle it according to legal procedures and not misuse or ignore it. This protects the rights of all parties involved and keeps the legal process fair.
4. Disposal of Property
If the property has been forfeited to the Central Government, the Administrator may be directed to sell, auction, or dispose of it. The manner and process of disposal are guided by instructions from the Central Government. This helps in reducing storage costs and avoiding misuse.
5. Legal Backing and Government Control
This section ensures that the entire process of managing such properties is legal, controlled, and transparent. The Central Government may issue notifications to set rules, especially in cases involving foreign countries. This helps in handling both domestic and international cases involving seized assets.
Section 118 of BNSS Overview
BNSS Section 118 allows the court to appoint a District Magistrate or other officer to act as an Administrator of seized or forfeited property. This officer must manage the property as per Central Government instructions and may also be required to dispose of it, if the court or government directs. It ensures proper care, use, and disposal of crime-related assets.
10 Key Points of BNSS Section 118
- Authority to Appoint Administrator
The Court has the power to appoint an Administrator for managing seized or forfeited property. Usually, this responsibility is given to the District Magistrate of the area. However, the Magistrate can also nominate another officer to carry out this task. This ensures that property linked to crime is not left unmanaged and does not lose its value. - Role of the Administrator
The appointed Administrator acts as the caretaker of the property. They are responsible for receiving the property and looking after it. Their job includes ensuring the property is protected, not misused, and maintained properly until the legal process is completed. - Management as per Government Guidelines
The Administrator must manage the property in accordance with rules and guidelines provided by the Central Government. This keeps the process standardized and avoids misuse or mismanagement. It also provides legal backing for every action taken regarding the property. - Link with Section 117 and 120
Section 118 is closely related to Sections 117 and 120 of BNSS. When property is seized (117) or forfeited (120), it comes under the control of an Administrator under Section 118. This forms a smooth chain of legal procedures in handling crime-linked assets. - Conditions Specified by the Government
The Central Government may lay down specific conditions or instructions about how to handle or manage such property. These can include security measures, record-keeping, or preservation standards. The Administrator is legally bound to follow them. - Disposal of Forfeited Property
Once the property is declared as forfeited, the Administrator must take necessary steps to dispose of it. This may involve auctioning, handing over to government departments, or any method instructed by the government. The money received may go to the state or central fund. - Preventing Illegal Transfers
The appointment of an Administrator helps in preventing illegal transfer, sale, or tampering of the seized property. This step is crucial because without proper supervision, such properties can easily be misused or lost. - Legal Compliance and Transparency
This section brings transparency to the process of managing seized or forfeited property. Since every step must follow Central Government guidelines and Court orders, it becomes difficult for anyone to misuse their authority. - Protection of Public Property
Sometimes the seized or forfeited property may be part of public assets or involve public interest. Appointing an official like the District Magistrate ensures such property is protected and not neglected or wasted during lengthy court procedures. - Avoiding Confusion in Multi-agency Cases
In many criminal cases, multiple enforcement agencies are involved. Section 118 gives a clear line of responsibility by appointing a single officer (Administrator) to handle the property. This avoids confusion and maintains order in legal proceedings.
Examples of BNSS Section 118
- Example 1: During a fraud investigation, police seize a luxury car purchased using stolen money. Under BNSS Section 118, the court appoints the local District Magistrate to manage and protect the car until the case is closed.
- Example 2: A gang’s illegally acquired land is forfeited after a court order. The appointed Administrator follows the Central Government’s instructions and sells the land through a public auction.
Section 118 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Appointment of Administrator | The Court can appoint the District Magistrate or another officer to manage seized/forfeited property. |
| 2. Property Management | The Administrator must maintain and protect the property as per official instructions. |
| 3. Follow Central Guidelines | The Central Government may set specific rules that the Administrator must follow. |
| 4. Disposal of Property | If the property is forfeited, the Administrator may be ordered to sell or dispose of it. |
| 5. Court Supervision | The entire process is done under court direction, ensuring legality and accountability. |
BNSS Section 118 FAQs
BNSS 118
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