Introduction to Section 122 BNSS / Invalid Transfers During Legal Action
Section 122 BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023, talks about property transfers that happen after the government starts legal proceedings. If someone tries to sell, gift, or move their property after receiving a notice or attachment order, such transfers are not legally valid. If the court later decides to take over that property, it will ignore the transfer and treat it like it never happened.
What is BNSS Section 122 ?
BNSS Section 122 says that if someone tries to transfer their property after the government sends a legal notice or attachment order, then that transfer is not valid. Even if they sold or gifted it, the law will not accept that change. If the court finally seizes the property, the transfer will be cancelled, and the property will go to the government.
BNSS Section of 122 in Simple Points
1. Invalid Property Transfers After Legal Orders or Notices
BNSS Section 122 states that if a legal order or notice has been issued under Section 117 or 119, and someone tries to transfer property during this period, that transfer will not be valid. For example, if the government sends a notice about investigating a person’s property, and the person tries to sell or gift the property to someone else, that transfer is ignored by the law.
This provision is meant to protect the government’s interests and prevent people from trying to hide or move assets that are part of legal investigations.
2. All Types of Transfers Are Affected
It does not matter whether the property is sold, gifted, leased, or mortgaged. Any type of transfer is invalid under BNSS Section 122, if it happens after the legal order or notice. This broad rule ensures that people cannot transfer property in any way to avoid the legal consequences.
For example, if someone tries to give away their property as a gift to a family member, or tries to sell it to a friend, the court will treat that as if it never happened.
3. Property Still Treated as Under Investigation
Even if the property is transferred to someone else, the government or the court still treats the property as being under investigation. This means that the ownership of the property, even if transferred, is still linked to the original person. The court does not recognize the new owner as the rightful one until the legal process is completed.
For example, if a person tries to transfer their property to avoid it being seized, the law will still see the original owner as the one who holds responsibility for that property.
4. Transfer is Ignored if Property is Forfeited
If the court decides to forfeit the property to the Central Government (take it away permanently), any transfer made after the legal notice or order will be ignored. In simple terms, the court will not recognize the transfer and will treat the property as though it was never transferred. The government will take the property, regardless of the transfer.
For instance, if someone sold their house after getting a legal notice, but the house is later forfeited by the government, the sale will be treated as if it never occurred, and the government will take the house.
5. Stops People from Hiding Assets
BNSS Section 122 is designed to prevent people from hiding their assets or property during an investigation. If someone transfers their property to a friend, relative, or another person in an attempt to avoid forfeiture, the law ensures that this transfer will be ignored. The primary purpose of this section is to make sure that people cannot use transfers to hide illegal or suspicious property from the government.
This rule helps in making sure that all illegally acquired property is dealt with, and no one can escape by simply moving their assets to someone else’s name.
Section 122 of BNSS Overview
BNSS Section 122 says that if someone tries to transfer their property after a legal notice or order has been made under Section 117(1) or 119, then that transfer will not be considered valid during the legal process. And if the property is later forfeited to the government under Section 120, then that transfer will be considered completely void (null and void). This law is meant to stop people from hiding or protecting property illegally during an investigation.
10 Key Points of BNSS Section 122
1. Transfers After Legal Action Are Not Valid
BNSS Section 122 clearly states that if a person tries to transfer any property after an order under Section 117(1) (related to attachment of property) or a notice under Section 119 (related to explaining the source of income) has been issued, that transfer will be considered invalid during the investigation or court proceedings. This means that even if a sale deed or gift deed is made after such a legal action, the court will treat it as if it never happened.
2. Applies to All Types of Transfers
This section applies to every kind of property transfer, whether it is through sale, gift, lease, mortgage, exchange, donation, or even through an oral agreement. The law uses the words “by any mode whatsoever” to cover all possible methods of transfer. So, a person cannot escape responsibility or try to protect property by using any trick or alternate route to move it from their name to someone else’s.
3. The Timing of the Transfer Matters
The protection offered by Section 122 only applies after a specific legal action has been taken, such as issuing a notice under Section 119 or making an attachment order under Section 117(1). If the transfer is done before these legal steps, then it may be valid. But if the transfer is made after these steps, it will be considered void for legal purposes. So, the exact date of the transfer and legal action is very important to decide its validity.
4. Stops Misuse of Legal Loopholes
One of the biggest reasons behind this law is to stop people from misusing legal loopholes. Often, when someone is caught with illegal money or assets, they quickly try to transfer the property to family members or friends to protect it. This section blocks such actions. Even if someone changes the name on the property paper, the law will ignore it if it’s done after legal action has started.
5. Transfer Is Ignored During Court Proceedings
If a person has transferred the property after receiving notice or order, the court will not consider that transfer during the case. This means, while deciding whether the property should be forfeited or not, the court will assume that the person still owns that property. This helps the court to effectively apply the law and take appropriate action without being misled by paperwork.
6. If Property Is Forfeited, Transfer Becomes Totally Void
If the court later decides to forfeit the property to the Central Government under Section 120, then any transfer made after the initial legal notice or order will be considered null and void completely. That means, legally, the transfer will be treated as non-existent, and the new person who received the property will have no ownership rights. The property will go to the government as if it was never transferred.
7. Helps Government Recover Unexplained or Illegal Property
Section 122 is very helpful for the government in recovering assets that may have been bought using black money, criminal income, or unexplainable sources. Many people try to shift ownership of such property to avoid action. But this law stops such tactics and makes sure that such properties can still be legally taken back by the government.
8. Supports the Larger Public Interest
The law under Section 122 serves a larger purpose – it protects public interest and ensures that criminals or corrupt individuals do not benefit from illegal property. It also discourages activities like money laundering, property hiding, and fake sales. By making such transfers invalid, the law strengthens trust in the justice system.
9. Strong Legal Warning to Offenders
This section acts as a strict warning to all those who try to fool the law. If someone thinks they can escape punishment by quickly transferring property after legal notice, they will fail. The law makes such transfers legally useless. It also indirectly warns anyone who tries to buy property from a person under investigation, as their purchase could be canceled later.
10. Ensures Fair and Uninterrupted Investigation
Section 122 plays a vital role in ensuring fair investigations. When investigators or courts are examining illegal properties, they need to deal with the real owner. If people start transferring property during the case, it creates confusion and delay. This law makes sure that once legal action starts, the investigation continues smoothly without interference from fake or strategic transfers.
Examples of BNSS Section 122
Example 1:
Ravi received a notice under Section 119 asking about the source of a property worth ₹50 lakhs. To protect it, he quickly transfers it to his cousin’s name. Later, the court decides to seize the property. Under BNSS 122, the transfer to his cousin is null and void, and the property goes to the government.
Example 2:
Sunita’s bank accounts and house were attached under Section 117(1) after she was found to have unaccounted money. She sells the house to her friend. Later, the court declares the house forfeited. That sale is invalid under Section 122, and the house is taken by the government.
Section 122 of BNSS Short Information
| No. | Key Point | Explanation (In Simple Words) |
|---|---|---|
| 1 | Invalid Property Transfers After Legal Orders | If property is transferred after a legal notice or order under Section 117 or 119, the transfer is not valid. |
| 2 | Includes All Types of Transfers | The rule applies to sales, gifts, leases, mortgages, or any transfer of property. |
| 3 | Property is Considered Still Under Investigation | The court treats the property as still being under investigation, even if transferred. |
| 4 | Transfer is Ignored if Property is Forfeited | If the property is later seized by the government, the transfer will be ignored and cancelled. |
| 5 | Prevents Hiding Assets | This provision stops people from hiding assets by transferring ownership after legal action starts. |
BNSS Section 122 FAQs
BNSS 122
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