Section 117 of BNSS : Section 117: Seizure or attachment of property.

Explanation using Example

Example 1:

Scenario: A government officer is investigating a case of tax evasion involving a prominent businessman, Mr. Sharma. During the investigation, the officer discovers that Mr. Sharma owns several properties, including a luxury apartment in Mumbai and a farmhouse in Pune. The officer has credible information that Mr. Sharma is planning to sell these properties to avoid them being seized by the authorities.

Application of Section 117:

1. The officer, under Section 116, believes that Mr. Sharma is likely to conceal or transfer the properties to avoid seizure.
2. The officer issues an order to seize the luxury apartment in Mumbai.
3. Since it is not practical to physically seize the farmhouse in Pune, the officer issues an attachment order, preventing Mr. Sharma from selling or transferring the farmhouse without prior permission.
4. A copy of the seizure and attachment orders is served to Mr. Sharma.
5. The officer then seeks confirmation of these orders from the court within 30 days.

Example 2:

Scenario: The police are investigating a case of drug trafficking involving a notorious gang. During the investigation, they find that the gang leader, Mr. Khan, has several bank accounts and properties that are suspected to be acquired through illegal activities. The police have strong evidence that Mr. Khan is planning to transfer the money from these accounts to offshore accounts to avoid detection.

Application of Section 117:

1. The investigating officer, under Section 116, has reason to believe that Mr. Khan will transfer the money to avoid seizure.
2. The officer issues an order to seize the funds in Mr. Khan's bank accounts.
3. Since it is not feasible to physically seize the properties, the officer issues an attachment order, preventing Mr. Khan from selling or transferring the properties without prior permission.
4. A copy of the seizure and attachment orders is served to Mr. Khan.
5. The officer then seeks confirmation of these orders from the court within 30 days.

Example 3:

Scenario: An anti-corruption bureau is investigating a senior government official, Ms. Verma, for allegedly accepting bribes and amassing wealth disproportionate to her known sources of income. The bureau finds that Ms. Verma owns several plots of land and a luxury car. They receive a tip-off that Ms. Verma is planning to transfer the ownership of these assets to her relatives to avoid them being seized.

Application of Section 117:

1. The officer conducting the investigation under Section 116 believes that Ms. Verma is likely to transfer the assets to avoid seizure.
2. The officer issues an order to seize the luxury car.
3. Since it is not practical to seize the plots of land, the officer issues an attachment order, preventing Ms. Verma from transferring the ownership of the land without prior permission.
4. A copy of the seizure and attachment orders is served to Ms. Verma.
5. The officer then seeks confirmation of these orders from the court within 30 days.