Section 116 BNSS: Identifying Unlawfully Acquired Property

Section 116 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with tracing and identifying property that may be connected with criminal activity. It applies when the Court acts under the property-related mechanism connected with Section 115, including a request received from a contracting State.

Section 116 - Identifying unlawfully acquired property

116. (1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

Purpose of Section 116 BNSS

Section 116 provides the investigative mechanism for locating and identifying property that may be subject to attachment or forfeiture. It enables the Court to direct a qualified police officer to trace the property and examine relevant financial, documentary and physical evidence.

Who Can Conduct the Tracing Exercise?

The Court must direct a police officer not below the rank of Sub-Inspector of Police. This minimum rank requirement is expressly stated in Section 116(1).

When Can the Court Issue Directions?

Proceedings connected with Section 115

Section 116 operates in connection with Section 115 BNSS. The Court may direct tracing and identification where it is acting in relation to property derived or obtained from the commission of an offence, including when a letter of request is received under Section 115(3) from a contracting State.

What Steps May Be Taken?

Section 116(2) gives a broad but structured list of permissible steps. These may include inquiry, investigation or survey concerning:

any person;
any place;
property or assets;
documents;
books of account in a bank;
books of account in public financial institutions; and
other relevant matters connected with tracing or identifying the property.

Meaning of Tracing and Identifying Property

Section 111 BNSS defines "tracing" as determining the nature, source, disposition, movement, title or ownership of property. It also defines "identifying" to include establishing proof that property was derived from, or used in, the commission of an offence.

Court Supervision Under Section 116(3)

The inquiry, investigation or survey is not an unrestricted exercise. Section 116(3) requires the officer to act in accordance with directions issued by the Court. This keeps the tracing process under judicial supervision.

Relationship with Seizure or Attachment Under Section 117

After an inquiry or investigation under Section 116, the next stage may involve Section 117 BNSS. That provision deals with seizure or attachment where the investigating officer has reason to believe that the property may be concealed, transferred or otherwise dealt with in a manner that could result in its disposal.

Relationship with Notice and Forfeiture Proceedings

The tracing process under Section 116 also connects with Section 119 and Section 120. If the Court has reason to believe, based on the inquiry, investigation or survey, that property represents proceeds of crime, the statutory notice and forfeiture procedure may follow.

Related BNSS Property Provisions

Section 115 - Assistance relating to attachment or forfeiture of property.
Section 117 - Seizure or attachment of property.
Section 118 - Management of seized or forfeited property.
Section 119 - Notice of forfeiture of property.
Section 120 - Forfeiture of property in certain cases.

Corresponding Provision Under the Code of Criminal Procedure, 1973

Section 116 BNSS substantially corresponds to Section 105D of the Code of Criminal Procedure, 1973, which dealt with identifying unlawfully acquired property.

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 116 is therefore part of the operative BNSS framework.

Official Legal Sources

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

Last reviewed: 10 September 2026.