BNSS Section 119: Attachment of Proceeds of Crime
Code: Section 119 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section outlines the procedure for attaching properties suspected to be proceeds of crime. It empowers the Court to issue a notice to the person suspected of acquiring such property, demanding an explanation of the source of funds used to acquire it within a 30-day timeframe. The individual must provide evidence supporting their claim and address why the property shouldn’t be declared as proceeds of crime and forfeited to the Central Government.
Illustration:
- Suppose an investigation reveals a person acquired a luxurious villa using funds disproportionate to their known income. The Court, suspecting the villa to be proceeds of crime, can issue a notice under Section 119. The individual must then demonstrate the legitimate source of the funds used to purchase the villa within 30 days.
Common Questions and Answers:
- Q: Who can issue a notice under Section 119?
- A: The Court, based on an inquiry, investigation, or survey conducted under Section 116 of BNSS.
- Q: What information should be included in the notice?
- A: The notice should specify the properties suspected to be proceeds of crime, the person affected, and the 30-day deadline for providing information. It should also demand the source of income, evidence supporting the claim, and any relevant particulars.
- Q: What happens if the person fails to provide the required information?
- A: The Court can presume that the properties are proceeds of crime and order their forfeiture to the Central Government.
