Section 122 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 122 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the validity of property transfers made after the issuance of orders or notices under specific sections of the BNSS.
📜 Legal Provision
Section 122 states:
"Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfers shall, for the purposes of the proceedings under this Chapter, be ignored; and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void."
🔍 Key Features
Scope of Application: This provision applies to property that is the subject of an order under section 117(1) or a notice under section 119 of the BNSS.
Effect of Transfer: Any transfer of such property, regardless of the mode, after the issuance of the order or notice, is considered legally ineffective for the purposes of proceedings under the BNSS.
Subsequent Forfeiture: If the property is later forfeited to the Central Government under section 120, the prior transfer is deemed null and void.
⚖️ Legal Context
Section 122 of the BNSS, 2023 corresponds to Section 105J of the Code of Criminal Procedure, 1973 (CrPC), which similarly addresses the validity of property transfers made after the issuance of orders or notices related to the attachment of property.
🧭 Practical Implications
Prevents Disposition of Property: This provision prevents individuals from transferring property that is under investigation or subject to legal proceedings, ensuring that such property remains available for potential forfeiture.
Protects Legal Proceedings: By rendering such transfers void, it safeguards the integrity of legal proceedings and ensures that property subject to forfeiture is not concealed or dissipated.
Ensures Compliance: Individuals are discouraged from attempting to circumvent legal processes by transferring property that is under scrutiny.
In summary, Section 122 of the BNSS, 2023 serves to maintain the integrity of legal proceedings by rendering property transfers void if made after the issuance of specific orders or notices, thereby preventing individuals from evading legal actions through such transfers.
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