Section 117 BNSS: Seizure or Attachment of Property

Section 117 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers an officer conducting an inquiry or investigation under Section 116 to seize property, or attach it where physical seizure is not practicable, if there is reason to believe that the property may be concealed, transferred or otherwise dealt with in a way that could result in its disposal. The order must be confirmed by the Court within thirty days to remain effective.

Section 117 - Seizure or attachment of property

117. (1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

Purpose of Section 117 BNSS

The provision is intended to preserve property that is already being traced or identified under Section 116 BNSS. Its purpose is to prevent the property from being hidden, transferred or otherwise dealt with before the Court can effectively consider the property-related proceedings under this Chapter.

When Can Property Be Seized?

Reason to believe that disposal may occur

An officer conducting the inquiry or investigation under Section 116 may order seizure where the officer has reason to believe that the property may be concealed, transferred or dealt with in a manner that will result in its disposal.

When Can Property Be Attached Instead?

If physical seizure is not practicable, the officer may order attachment. The attachment directs that the property must not be transferred or otherwise dealt with except with the prior permission of the officer who made the order.

Service of the Attachment Order

Section 117(1) expressly requires a copy of the order to be served on the person concerned. This gives formal notice of the restriction imposed on dealing with the property.

Mandatory Court Confirmation Within 30 Days

Important statutory safeguard: An order made under Section 117(1) has no effect unless it is confirmed by the Court within thirty days from the date on which the order was made.

The thirty-day confirmation requirement in Section 117(2) places the officer's interim action under prompt judicial supervision. Without confirmation by the Court within that period, the statutory text says that the order shall have no effect.

Difference Between Seizure and Attachment Under Section 117

Seizure involves taking control or possession of the property. Attachment is used where seizure is not practicable and operates by restricting transfer or other dealings with the property unless prior permission is obtained from the officer making the order.

Relationship with Section 116 BNSS

Section 117 does not operate independently of the tracing process. It applies to an officer who is conducting an inquiry or investigation under Section 116, which deals with tracing and identifying property and permits inquiry, investigation or survey regarding persons, places, assets, documents and books of account.

Relationship with Section 115 BNSS

Section 115 BNSS provides the wider framework for attachment or forfeiture of property derived or obtained from the commission of an offence, including reciprocal assistance involving a contracting State. Section 117 provides the immediate preservation mechanism once property is being traced or investigated.

What Happens After Seizure or Attachment?

The following provisions deal with management, notice and forfeiture of property. In particular, Section 118 addresses management of property, Section 119 deals with notice of forfeiture, and Section 120 deals with forfeiture in certain cases.

Key Requirements Under Section 117

there must be an inquiry or investigation under Section 116;
the officer must have reason to believe that the property may be concealed, transferred or dealt with so as to result in disposal;
the officer may seize the property where seizure is practicable;
where seizure is not practicable, the officer may order attachment;
a copy of the order must be served on the person concerned; and
the Court must confirm the order within thirty days for it to have effect.

Corresponding Provision Under the Code of Criminal Procedure, 1973

Section 117 BNSS substantially corresponds to Section 105E of the Code of Criminal Procedure, 1973, which was also titled "Seizure or attachment of property" and contained the same basic mechanism of interim seizure or attachment subject to Court confirmation within thirty days.

Current Legal Status

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, except for the notified entry in the First Schedule relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 117 is therefore part of the operative BNSS framework.

Official Legal Sources

For authoritative statutory material and official government information, readers may consult the Ministry of Home Affairs - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.

Last reviewed: 10 September 2026.