Section 119 BNSS - Notice of Forfeiture of Property

Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the show-cause notice procedure that precedes forfeiture of property believed by the Court to be proceeds of crime.

Current legal position: The BNSS is Act 46 of 2023 and came into force on July 1, 2024, subject to the notified exception relating to the entry concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.

What does Section 119 BNSS provide?

Section 119 is part of Chapter VIII of the BNSS, which deals with reciprocal arrangements for assistance in certain matters and the procedure for attachment and forfeiture of property. It follows the process for identifying unlawfully acquired property under Section 116.

If, as a result of the inquiry, investigation or survey under Section 116, the Court has reason to believe that all or any of the relevant property is proceeds of crime, it may require the affected person to explain the lawful source of the property and show cause against forfeiture.

Text of Section 119 - Notice of forfeiture of property

119. (1) If as a result of the inquiry, investigation or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

Key requirements under Section 119

Prior process under Section 116The notice is linked to an inquiry, investigation or survey undertaken for identifying unlawfully acquired property.

Reason to believeThe Court must have reason to believe that all or any of the property concerned constitutes proceeds of crime.

Thirty-day response periodThe affected person is called upon to respond within the period of thirty days specified in the notice.

Source and evidenceThe person may be required to state the source of income, earnings or assets used to acquire the property and produce supporting evidence and particulars.

Show cause against forfeitureThe notice asks why the property should not be declared proceeds of crime and forfeited to the Central Government.

Property held through another personIf the specified property is held on behalf of the affected person by another person, a copy of the notice must also be served on that other person.

Important definitions for Section 119

The terms used in this Chapter are defined in Section 111 BNSS. In substance, proceeds of crime covers property derived or obtained, directly or indirectly, from criminal activity, including its value. Property is defined broadly to cover assets of every description, including movable or immovable, tangible or intangible assets and documents evidencing title or interest.

How Section 119 connects with Sections 116, 117, 118 and 120

Section 116: Identifying unlawfully acquired property - provides the antecedent inquiry, investigation or survey referred to in Section 119.
Section 117: Seizure or attachment of property - deals with seizure or attachment in the circumstances stated in that provision.
Section 118: Management of properties seized or forfeited - concerns management of property dealt with under the Chapter.
Section 120: Forfeiture of property in certain cases - provides for the Court's determination after considering the explanation to the Section 119 show-cause notice and giving a reasonable opportunity of hearing.

Practical effect of a Section 119 notice

A Section 119 notice is not, by itself, the final order of forfeiture. It begins the statutory show-cause stage. The affected person is given an opportunity to disclose the source of acquisition, rely on evidence and explain why the specified property should not be treated as proceeds of crime. The forfeiture determination is addressed in Section 120.

Official BNSS resources

For the authoritative statutory text and government material, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws page.

Note: This page is intended for general legal information and should be read with the current statutory text, applicable notifications and judicial decisions.