Section 119 BNSS: Notice of forfeiture of property (Formerly Section 105G CrPC)

Section 119 of Bharatiya Nagarik Suraksha Sanhita, 2023: Notice of forfeiture of property

Official Bare Act Text

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

(1) 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.

(2) 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.

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 119

Section 119 mandates the issuance of a show-cause notice before any property can be forfeited to the State Government, codifying principles of natural justice.

Mandatory Show-Cause Notice: Court issues written notice calling upon the person to show cause within thirty days why the property should not be forfeited.
Specification of Grounds: Must explicitly disclose the grounds, evidence, and reasons for believing the property is illicit.
Notice to Interested Parties: Notice served on all joint owners, lenders, and interested third parties.

Key Landmark Precedents:

Aslam Mohammad Merchant v. Competent Authority (2008) 14 SCC 186: The Supreme Court held that a forfeiture show-cause notice must record reasons to believe and establish a nexus between the crime and the property; a mechanical notice is void ab initio.
State of M.P. v. Balram Mihani (2010) 2 SCC 602: Reaffirmed that principles of natural justice under Section 105G CrPC (Section 119 BNSS) are mandatory before property rights can be extinguished.

Courtroom Practice & Strategic Litigation Guidance:

Under *Aslam Merchant*, if the show-cause notice fails to indicate the specific evidence linking the property to the alleged offence, challenge the notice immediately before the High Court under Section 528 BNSS.