Section 122 BNSS: Certain Transfers to Be Null and Void

Meaning and scope of Section 122 BNSS

Section 122 protects the effectiveness of attachment and forfeiture proceedings by preventing a later transfer of the property from defeating the proceedings. The provision applies where the property has already become the subject of an order under Section 117(1) or a notice under Section 119.

If the property is transferred after either of those statutory events, the transfer is ignored for the purposes of proceedings under the Chapter. If the property is subsequently forfeited to the Central Government under Section 120, the transfer is deemed to be null and void.

Section 122 - Certain transfers to be null and void

Legal effect of a transfer under Section 122

Section 122 creates two connected consequences.

• First stage - transfer ignored: once the property has been covered by a Section 117(1) order or Section 119 notice, a subsequent transfer is ignored for the purposes of the proceedings under the Chapter.
• Second stage - transfer becomes null and void: if the property is later forfeited to the Central Government under Section 120, the transfer is deemed null and void.

The statutory wording "by any mode whatsoever" is broad. The section therefore focuses on the fact of a post-order or post-notice transfer rather than limiting its operation to any single method of transfer.

When does Section 122 apply?

The following elements can be identified directly from the text of the provision:

• There must be an order under Section 117(1) or a notice under Section 119.
• The property transferred must be property referred to in that order or notice.
• The transfer must occur after the making of the Section 117(1) order or after the issue of the Section 119 notice.
• The mode of transfer is immaterial because the provision uses the expression "by any mode whatsoever."
• For the proceedings under the Chapter, the transfer is ignored.
• If the property is subsequently forfeited under Section 120, the transfer is deemed null and void.

Important terms for understanding Section 122

Related BNSS provisions

Section 122 forms part of a sequence of provisions dealing with identification, attachment, notice and forfeiture of property. It should be read with the surrounding sections.

• Section 117 - Seizure or attachment of property
• Section 118 - Management of properties seized or forfeited under this Chapter
• Section 119 - Notice of forfeiture of property
• Section 120 - Forfeiture of property in certain cases
• Section 121 - Fine in lieu of forfeiture
• Section 123 - Procedure in respect of letter of request
• Section 124 - Application of this Chapter

Relationship with Section 117

Section 117 deals with seizure or attachment of property. Section 122 expressly refers to a transfer taking place after an order under Section 117(1), making the timing of the transfer important.

Relationship with Section 119

Section 119 provides for notice of forfeiture where the Court has reason to believe that property represents proceeds of crime. Section 122 also applies where a transfer occurs after such a notice is issued.

Relationship with Section 120

The final consequence under Section 122 depends on subsequent forfeiture under Section 120. If that forfeiture occurs, the post-order or post-notice transfer is deemed null and void.

Official legal resources

For the authoritative statutory text and commencement notification, refer to the official Government of India resources listed in the right-hand panel.