Section 119 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 119 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, pertains to the notice of forfeiture of property believed to be proceeds of crime. This provision empowers the court to issue a notice to individuals suspected of holding such illicit property, requiring them to explain the lawful source of their assets.
📜 Text of Section 119
Section 119 – Notice of forfeiture of property
If, as a result of the inquiry, investigation, or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings, or assets, out of which or by means of which he has acquired such property, the evidence on which he relies, and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.
Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.
⚖️ Legal Significance
Section 119 establishes a procedural safeguard in the BNSS, enabling the court to address properties suspected to be acquired through criminal activities. By mandating that individuals provide evidence of the lawful origin of their assets, it ensures transparency and accountability. The provision also ensures that if such properties are held by third parties on behalf of the affected person, they are equally notified, thereby preventing potential concealment or transfer of illicit assets.
🔄 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 119 of the BNSS aligns with Section 105G of the Cr.P.C., which also deals with the notice of forfeiture of property. Both provisions aim to identify and address properties that may be proceeds of crime, ensuring due process and the opportunity for individuals to justify the legitimacy of their assets.
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