Section 117 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 117 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the seizure or attachment of property during the course of an inquiry or investigation. It empowers law enforcement officers to take immediate action to prevent the disposal or concealment of property suspected to be involved in a crime.
📜 Text of Section 117
Seizure or Attachment of Property:
If an officer conducting an inquiry or investigation under Section 116 has reason to believe that any property related to the inquiry or investigation is likely to be concealed, transferred, or dealt with in a manner that would result in its disposal, the officer may:
Seize the Property: Take possession of the property.
Attach the Property: If seizure is not practicable, attach the property, directing that it shall not be transferred or otherwise dealt with without the prior permission of the officer making the order.
Confirmation of Order:
Any order made under subsection (1) shall have no effect unless confirmed by the court within thirty days of its being made.
⚖️ Legal Implications
Preventive Measure: Section 117 serves as a preventive measure to ensure that property related to a crime is not disposed of or hidden during an ongoing investigation.
Judicial Oversight: The requirement for court confirmation within thirty days ensures judicial oversight, balancing the powers of law enforcement with the rights of individuals.
Protection of Property Rights: While the section grants law enforcement the authority to seize or attach property, it also provides a mechanism for individuals to challenge such actions in court, thereby protecting property rights.
📌 Example Scenario
Scenario: During an investigation into a financial fraud, the investigating officer learns that the accused is attempting to transfer assets to a third party to conceal them.
Application of Section 117:
The officer believes that the property is likely to be concealed or disposed of.
The officer issues an order to seize the property.
Since seizure is not practicable, the officer attaches the property, directing that it shall not be transferred without prior permission.
A copy of the order is served to the accused.
The court confirms the order within thirty days, making it effective.
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