“`html
BNSS Section 116 – Tracing and Identifying Property
Code: Section 116 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section empowers a court to direct a police officer (not below the rank of Sub-Inspector) to take necessary steps for tracing and identifying property. This can be initiated under two scenarios:
- Sub-section (1): When a court has already issued a direction under Section 115 (regarding the recovery of stolen property).
- Sub-section (3): When a court receives a letter of request under Section 115 (seeking assistance in tracing and identifying stolen property).
Steps Allowed: Section 116(2) outlines the steps that the police officer can take, including:
- Conducting inquiries about the property.
- Investigating relevant individuals, places, and assets.
- Surveying properties, documents, bank accounts, and financial records.
- Exploring any other relevant matters.
Illustration: Imagine a situation where a valuable painting has been stolen. The victim approaches the court, requesting assistance in recovering the stolen painting. The court, under Section 115, can then issue a direction to the police officer under Section 116. The officer would then be authorized to investigate, conduct inquiries, and examine potential leads to locate the painting.
Common Questions and Answers:
- Q: What is the purpose of this section?
A: Section 116 is designed to provide a mechanism for tracing and identifying stolen or lost property. It empowers the court to direct the police to actively assist in the recovery process.
- Q: What kind of property can be traced under this section?
A: This section applies to any property that needs to be traced and identified, regardless of its nature or value.
- Q: Who can request a direction under this section?
A: A person claiming ownership of the property can request a direction under Section 116. This request is typically made through the court after seeking assistance under Section 115.
“`
