Section 116 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 116 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, focuses on the identification of unlawfully acquired property. This provision empowers courts to direct police officers to trace and identify property suspected to be obtained through criminal activities.
🔹 Section 116 – Identifying Unlawfully Acquired Property
1. Court's Directive to Police:
The court may instruct any police officer not below the rank of Sub-Inspector to take necessary steps to trace and identify property suspected to be unlawfully acquired.
2. Scope of Inquiry:
The police officer may conduct inquiries, investigations, or surveys concerning:
Any person, place, property, or assets.
Documents or books of account in banks or public financial institutions.
Other relevant matters as directed by the court.
3. Adherence to Court's Directions:
All actions taken by the police officer must align with the directions issued by the court.
🔁 Equivalent Provision in the Criminal Procedure Code (Cr.P.C.)
Section 116 of the BNSS corresponds to Section 105D of the Criminal Procedure Code (Cr.P.C.), 1973. Both provisions grant courts the authority to direct police officers to trace and identify property suspected to be derived from criminal activities. The procedures outlined in both sections are similar, emphasizing the need for police officers to act under the court's directions to ensure lawful and systematic identification of such property.
This provision is part of a broader framework in the BNSS aimed at enhancing the efficiency and effectiveness of the criminal justice system, particularly concerning the identification and management of property related to criminal activities.
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