Section 116 of BNSS : Section 116: Identifying unlawfully acquired property.

Explanation using Example

Example 1:

Scenario: A businessman, Mr. Sharma, is suspected of acquiring property through illegal means, such as money laundering and tax evasion. The Enforcement Directorate (ED) has gathered preliminary evidence and seeks to identify and trace the unlawfully acquired property.

Application of Section 116:

1. Court Directions: The ED approaches the court with a request to trace and identify Mr. Sharma's unlawfully acquired property.
2. Police Officer Assignment: The court, under Section 116(1), directs a police officer not below the rank of Sub-Inspector to take necessary steps to trace and identify the property.
3. Investigation Steps: The assigned police officer conducts an inquiry and investigation, which includes:
   • Surveying Mr. Sharma's properties and assets.
   • Examining documents and books of account in various banks and public financial institutions.
   • Investigating any other relevant matters that could lead to the identification of unlawfully acquired property.
4. Court Compliance: The police officer carries out these steps in accordance with the directions issued by the court.

Example 2:

Scenario: Ms. Gupta, a government official, is accused of accepting bribes and using the money to purchase multiple properties. The Anti-Corruption Bureau (ACB) needs to trace and identify these properties to proceed with the case.

Application of Section 116:

1. Court Directions: The ACB submits a letter of request to the court under Section 115(3) to trace and identify the properties acquired by Ms. Gupta through bribery.
2. Police Officer Assignment: The court, under Section 116(1), directs a police officer not below the rank of Sub-Inspector to take all necessary steps to trace and identify the properties.
3. Investigation Steps: ...

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