Section 118 BNSS 2023: Management of Properties Seized or Forfeited under this Chapter
Section 118 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the administration, management and disposal of property that is seized, attached or forfeited under the relevant property-related provisions of the BNSS. It enables the Court to appoint an Administrator and links the management process to orders under Section 117 and Section 120.
Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 was brought into force from 1 July 2024 by Central Government notification, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
What Section 118 BNSS provides
Section 118 creates the administrative mechanism for handling property after a Court has made the relevant seizure, attachment or forfeiture order. In practical terms, the provision identifies who may manage the property, what property the Administrator may receive and manage, and how forfeited property may ultimately be disposed of.
Statutory text of Section 118 BNSS
118. Management of properties seized or forfeited under this Chapter.
(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 117 or under section 120 in such manner and subject to such conditions as may be specified by the Central Government.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.
Meaning and scope of Section 118
1. Appointment of an Administrator
Under sub-section (1), the Court may appoint the District Magistrate of the area where the property is situated. The Court may also appoint another officer nominated by the District Magistrate. The appointed person performs the functions of an Administrator for the property concerned.
2. Property covered by the provision
Sub-section (2) applies where the relevant property is covered by an order under Section 117(1) BNSS or under Section 120 BNSS. The Administrator is required to receive and manage that property in the manner, and subject to the conditions, specified by the Central Government.
3. Disposal of forfeited property
Sub-section (3) addresses property that has been forfeited to the Central Government. The Administrator must take the measures directed by the Central Government for disposal of that property.
How Section 118 connects with Sections 116 to 120 BNSS
Section 118 forms part of a sequence of provisions dealing with unlawfully acquired property and proceeds of crime. Section 116 concerns identification of unlawfully acquired property; Section 117 deals with seizure or attachment; Section 118 supplies the management mechanism; Section 119 provides for notice of forfeiture; and Section 120 deals with forfeiture in specified cases.
Key point: Section 118 itself does not create the substantive power to declare property forfeited. Its principal function is to provide for administration, management and disposal after the relevant Court order under the connected provisions.
Official legal sources
The current statutory text can be checked from the official India Code text of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry of Home Affairs also maintains its official New Criminal Laws page containing the BNSS and related enactments.
This page is intended as a legal information resource. The exact statutory text, applicable notifications, rules, directions and judicial decisions should be checked for the facts of a particular case.