Code
(1) The Court shall, under sub-section (1), or on receipt of a letter of request
under sub-section (3) of section 115, direct any police officer not below the rank of
Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
(2) The steps referred to in sub-section (1) may include any inquiry, investigation or
survey in respect of any person, place, property, assets, documents, books of account in
any bank or public financial institutions or any other relevant matters.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried
out by an officer mentioned in sub-section (1) in accordance with such directions issued by
the said Court in this behalf.
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.
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