Section 117 BNSS: Seizure or attachment of property (Formerly Section 105E CrPC)

Section 117 of Bharatiya Nagarik Suraksha Sanhita, 2023: Seizure or attachment of property

Official Bare Act Text

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

(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

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 117

Section 117 empowers police officers, with the prior approval of the Superintendent of Police, to seize or make an order of attachment of property identified as unlawfully acquired proceeds of crime.

Superintendent of Police Approval: Prior written approval of the SP is an absolute condition precedent to attachment.
Restraining Order: Order prohibiting transfer, sale, or encumbrance of the property.
Immediate Intimation to Court: Intimating the jurisdictional court within forty-eight hours of attachment.

Key Landmark Precedents:

State of M.P. v. Balram Mihani (2010) 2 SCC 602: The Supreme Court held that attachment of property without prior SP approval or failure to notify the court violates mandatory statutory safeguards.
Aslam Mohammad Merchant v. Competent Authority (2008) 14 SCC 186: Emphasised that property freezing orders must satisfy strict conditions precedent to prevent arbitrary executive expropriation.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the attachment order was pre-approved in writing by the SP and reported to court within 48 hours. Non-compliance renders the freeze order invalid.