Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 115
Code: Section 115 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the attachment or forfeiture of property that is believed to be derived from the commission of an offence.
- Subsection (1): If a court in India has reasonable grounds to believe that property is obtained through an offence, it can attach or forfeit that property using the provisions in sections 116 to 122 of the BNSS.
- Subsection (2): If the property is suspected to be in another country with which India has a legal agreement (contracting State), the court can send a request to the relevant court or authority in that country for the execution of the attachment or forfeiture order.
- Subsection (3): If India receives a request from another contracting State to attach or forfeit property in India linked to an offence committed in that state, the Indian government can forward the request to a court for execution using the provisions of sections 116 to 122 or any other relevant law.
Illustration:
Suppose a person is accused of money laundering. The court suspects that some of the laundered money was used to buy a luxury car. Based on this suspicion, the court can order the attachment of the car under Section 115(1) of the BNSS. If the car is located in a contracting state, the Indian court can use Section 115(2) to request the relevant court in that state to execute the attachment order.
Common Questions and Answers:
- Q: What are the “reasonable grounds” required for attachment under Section 115(1)?
- A: This will depend on the specific case. The court will consider factors such as the nature of the alleged offence, evidence linking the property to the offence, and the likelihood of the property being used to further the offence.
- Q: What happens to the property after it is attached?
- A: The property will remain attached until the court decides whether to forfeit it or return it to the owner.
- Q: How does the process of requesting execution of an attachment order in a contracting state work?
- A: This process is governed by the specific legal agreement between India and the contracting state. The request will usually include details about the offence, the property, and the Indian court’s order.
