Section 122 BNSS: Certain transfers to be null and void (Formerly Section 105J CrPC)

Section 122 of Bharatiya Nagarik Suraksha Sanhita, 2023: Certain transfers to be null and void

Official Bare Act Text

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

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.

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 122

Section 122 declares that any transfer of property referred to in a show-cause notice issued under Section 119 shall be null and void, nullifying transactions designed to defeat forfeiture.

Issuance of Section 119 Notice: Notice to show cause has been formally issued by the court.
Prohibited Transfer: Selling, mortgaging, leasing, gifting, or creating any third-party charge on the property.
Statutory Voidness: Any such transfer is null and void in law, and does not shield the asset from subsequent forfeiture.

Key Landmark Precedents:

S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1: Reaffirmed the principle that transactions designed to defeat judicial process and statutory attachments are void ab initio.
Aslam Mohammad Merchant v. Competent Authority (2008) 14 SCC 186: Affirmed that property transfers during pending forfeiture inquiries cannot defeat the sovereign claim.

Courtroom Practice & Strategic Litigation Guidance:

Title search caution: Before purchasing real estate, buyers must verify that no Section 119 BNSS or PMLA attachment notices are pending against the vendor. Transactions executed after notice are completely void.