Introduction to Section 119 BNSS / Court Procedure for Property Forfeiture
Section 119 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023. It focuses on the forfeiture (confiscation) of property suspected to be bought using money earned through criminal acts. This section ensures that the person is given a fair chance to present documents and clarify the legal source of their property before it is taken by the government.
- Introduction to Section 119 BNSS / Court Procedure for Property Forfeiture
- What is BNSS Section 119 ?
- BNSS Section of 119 in Simple Points
- Section 119 of BNSS Overview
- BNSS Section 119 – 10 Key Points
- Section 119 of BNSS Short Information
- BNSS Section 119 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 119 ?
BNSS Section 119 explains the legal process where the Court, after investigation, believes that someone’s property might have been bought using money earned through crime. In such cases, the Court sends a notice asking that person to explain how they got that property and prove that it was not bought with illegal money.
BNSS Section of 119 in Simple Points
1. Court Can Issue Notice Based on Investigation
Under Section 119 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if after an inquiry or investigation (as per Section 116), the Court believes that any property is connected to a crime (called “proceeds of crime”), it can issue a notice to the person who owns or controls that property. This notice asks the person to explain how the property was acquired and if it was obtained legally.
2. 30-Day Time Limit for Response
Once the notice is served, the person who receives it is given 30 days to respond. In this reply, they must provide proper details and documents to prove that the property in question was purchased using legal income, earnings, or assets, and not through any criminal activity. This time-bound reply helps the Court decide the future of the property.
3. Obligation to Show Proof and Explain Source
The person must clearly explain:
- How they earned the money,
- From where the funds came,
- What evidence supports their claim (e.g., income tax returns, sale agreements, bank statements, etc.).
This proof is crucial. If it’s not satisfactory, the Court may decide the property is linked to a crime.
4. Other People Involved Also Get Notified
If the property is held by someone on behalf of the accused person (for example, in the name of a family member or friend), the Court will also send a copy of the same notice to that third person. This ensures no one can hide crime-related property under someone else’s name.
5. Risk of Property Being Forfeited
If the person fails to give a convincing explanation within 30 days, or if the documents submitted are not enough to prove legal ownership, then the Court can declare the property as “proceeds of crime”. As a result, the property will be forfeited (i.e., taken away) and transferred to the Central Government permanently. This is done to prevent the use of crime-related wealth.
Section 119 of BNSS Overview
BNSS Section 119 empowers the Court to serve a notice to a person if it believes their property is linked to crime. The person must respond within 30 days and provide documents to prove their property is lawfully acquired. If they fail to do so, the property may be seized and forfeited to the government.
BNSS Section 119 – 10 Key Points
1. Purpose of Section 119
BNSS Section 119 deals with the formal process of forfeiting property that may have been acquired through illegal means. If the Court, during investigation or inquiry, believes that a property is a proceed of crime, it can initiate action. This section ensures that no property earned from crime goes unpunished and that the rightful legal process is followed before any forfeiture.
2. Issuing a Notice
When the Court suspects that a property is illegally acquired, it issues a notice to the person owning it. This notice demands an explanation of how the property was obtained. The person is called the “affected person” and must respond within 30 days. This gives the person a fair chance to prove that the property is legally owned.
3. Details Required in the Response
The notice asks the affected person to provide full details such as the source of income, earning records, and supporting documents that prove the property was lawfully acquired. This information is critical for the Court to make an informed decision. Without proper documentation, the property may be declared as a criminal proceed.
4. Time Limit of 30 Days
The affected person must reply within 30 days from the date mentioned in the notice. This is a legally fixed time limit, and failure to respond within this period may result in automatic forfeiture. The time limit ensures that the process is quick and doesn’t remain pending for a long time.
5. Right to Explain and Defend
The law gives the affected person a fair opportunity to defend their ownership. They can give reasons, present evidence, and even bring legal representatives to justify how the property was bought. This helps in maintaining justice and preventing wrongful seizure of lawfully earned assets.
6. Properties Held by Others
If the suspected property is held in someone else’s name, such as a family member or friend, the Court will also serve a copy of the notice to them. This ensures that people cannot hide property in others’ names to avoid investigation. Everyone connected to the property gets notified and is held accountable.
7 Investigation under Section 116
The notice under Section 119 is only served after a proper inquiry or investigation under Section 116. This ensures that there is a basis or suspicion backed by initial findings before anyone is accused or their property is questioned. It prevents misuse of power and supports a fair process.
8. Targeting Proceeds of Crime
The main goal of this section is to identify and recover property gained from criminal activity. It could be from theft, fraud, smuggling, corruption, or any other illegal act. This discourages people from benefitting from crime and helps clean the financial system.
9. Role of the Court
The Court plays a very important role throughout this process. It does not immediately declare property as illegal. Instead, it waits for the affected person’s response, reviews the documents, and only then makes a decision. This adds a layer of judicial oversight to protect individual rights.
10. Transparency and Legal Accountability
BNSS Section 119 ensures transparency, accountability, and justice. It follows a step-by-step legal procedure before taking someone’s property. The person is given notice, time to respond, and a chance to provide proof. It is not just a power to seize—it is a lawful process to correct criminal gain.
Example 1:
A man owns a luxurious flat in Delhi. During an investigation into financial fraud, the Court finds that he may have bought it using money earned from a scam. A notice is issued under BNSS Section 119 asking him to prove within 30 days how he bought the flat and show income records.
Example 2:
A person deposits ₹50 lakhs in another person’s bank account. Later, the Court suspects that this money was earned from illegal arms trading. The second person also receives a notice under BNSS Section 119 since they are holding the property (money) on behalf of the actual suspect.
Section 119 of BNSS Short Information
| Key Point | Description |
|---|---|
| 1. Legal Notice | Court issues a notice if it believes the property is earned through crime. |
| 2. Time to Respond | The person gets 30 days to prove how they got the property. |
| 3. Proof of Income | The person must submit income source and legal documents. |
| 4. Notice to Others | If the property is in someone else’s name, they also get a copy of the notice. |
| 5. Court’s Role | The Court reviews all evidence before declaring the property illegal. |
BNSS Section 119 FAQs
BNSS 119
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