Section 116 BNSS: Identifying unlawfully acquired property (Formerly Section 105D CrPC)

Section 116 of Bharatiya Nagarik Suraksha Sanhita, 2023: Identifying unlawfully acquired property

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 116

Section 116 empowers police officers conducting an investigation into specified offences to identify unlawfully acquired property derived directly or indirectly from criminal activities.

Identification of Illicit Assets: Tracing bank accounts, real estate, shell companies, and luxury assets derived from crime.
Powers of Inquiry: Empowered to summon financial records, audit books, and inspect registrar offices.
Report to Court: Submitting a formal report to the criminal court recommending attachment or seizure.

Key Landmark Precedents:

State of M.P. v. Balram Mihani (2010) 2 SCC 602: Held that identifying and attaching proceeds of crime requires strict objective evidence demonstrating that the property was acquired from the criminal activity.
J. Jayalalitha v. State of Tamil Nadu (2017) 11 SCC 718: The Supreme Court affirmed forensic financial tracking of disproportionate assets acquired through corrupt practices.

Courtroom Practice & Strategic Litigation Guidance:

The defence must demonstrate independent legitimate sources of income (tax returns, agricultural revenue, family inheritance) to show that the identified property is not 'unlawfully acquired'.