Section 116: Attachment of Property

Section 116 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is a crucial provision dealing with identifying unlawfully acquired property. This section empowers courts with extensive authority to trace and identify property connected to criminal offenses.

Complete Text of Section 116

Identifying unlawfully acquired property

116. (1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

Key Features

1. Extensive Court Powers

• Courts have broad authority for property tracing and identification
• Courts can issue detailed directions to police officers
• Comprehensive investigation powers for identifying crime-related property

2. Role of Police Officers

• Only officers of Sub-Inspector rank or above can perform these functions
• Must conduct investigation according to court directions
• Authority to conduct various types of inquiry, investigation and surveys

3. Comprehensive Investigation Scope

• Investigation covers persons, places, property, documents
• Examination of books of accounts in banks and financial institutions
• Comprehensive scrutiny of other relevant matters

Connection with Section 115

Section 116 works in conjunction with Section 115. While Section 115 provides for attachment of property, Section 116 establishes the process for identifying such property. Together, these two sections create a complete legal framework that ensures effective action against crime-related property.

Under Section 115, the court orders attachment of property, and then through Section 116, proper identification and tracing of that property is conducted. This process ensures that the correct property is identified and attached.

Comparison with Old CrPC

Section 116 of BNSS 2023 has made the provisions more clear and comprehensive compared to the old Criminal Procedure Code (CrPC). The new system includes the following improvements:

Key Improvements:

• Broader Jurisdiction: Under BNSS, courts can order attachment of both domestic and foreign property for all criminal offenses
• Clear Process: More clear and detailed process for property identification
• Better Monitoring: More effective monitoring system under court directions
• Modern Approach: Provisions adapted to digital age requirements

Limitations of Old CrPC:

• Limited jurisdiction and unclear processes
• Weak provisions regarding foreign property
• Inadequate arrangements for technical and digital assets

Practical Implications

Impact for Courts:

• More effective system for property tracing and attachment
• Enhanced possibility of better justice delivery
• Improved recovery of assets from criminals
• Greater transparency in judicial processes

Impact for Police Officers:

• Clear guidelines and procedures
• Acquisition of broader investigation powers
• Obligation to work according to court directions
• Better accountability and monitoring system

Impact for Common Citizens:

• Better possibility of recovery of crime-derived property
• More transparency and reliability in the justice system
• Stronger action against corruption and economic crimes
• Enhanced possibility of better justice for victims