Section 116 BNSS: Identifying unlawfully acquired property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 116 BNSS at a Glance

Section 116 BNSS deals with identifying unlawfully acquired property. It replaced Section 105D CrPC on 1 July 2024.

Was CrPC

Section 105D →

Section 116 BNSS Bare Act Text

(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.

Source: Section 116, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 116 BNSS in Simple Words

Section 116 BNSS deals with the tracing and identifying of property. The Court shall direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

When Section 116 BNSS Applies

  • The Court shall, under Section 116(1) BNSS, or on receipt of a letter of request under Section 115(3) BNSS, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
  • The steps referred to in Section 116(1) BNSS 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.
  • Any inquiry, investigation or survey referred to in Section 116(2) BNSS shall be carried out by an officer mentioned in Section 116(1) BNSS in accordance with such directions issued by the said Court in this behalf.

Example of Section 116 BNSS

On receipt of a letter of request under Section 115(3) BNSS, the Court directs Sub-Inspector Anil to take all steps necessary for tracing and identifying the property. Anil carries out a survey in respect of documents and books of account in a bank, in accordance with the directions issued by the Court, under Section 116(3) BNSS.

When Section 116 BNSS Does Not Apply

  • Section 116 BNSS speaks of a police officer not below the rank of Sub-Inspector of Police. It does not deal with a police officer below that rank.
  • Section 116 BNSS speaks of tracing and identifying property. It does not deal with the seizure or attachment of property.

Section 116 BNSS in the CrPC (Previous Law)

Section 116 BNSS replaced Section 105D CrPC from 1 July 2024.

Section 116 BNSS has the same heading and the same text as Section 105D CrPC, from 1 July 2024. Section 116(1) BNSS refers to Section 115(3) BNSS where Section 105D(1) CrPC referred to Section 105C(3) CrPC.

Each sub-section below names its own source.

FAQs on Section 116 BNSS

Whom does the Court direct under Section 116 BNSS?▼

The Court shall direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

What may the steps under Section 116 BNSS include?▼

The steps 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.

By whose directions is the inquiry, investigation or survey carried out under Section 116 BNSS?▼

It shall be carried out by the officer in accordance with such directions issued by the said Court in this behalf.

What changed from Section 105D CrPC to Section 116 BNSS from 1 July 2024?▼

Section 116 BNSS has the same heading and the same text as Section 105D CrPC. Section 116(1) BNSS refers to Section 115(3) BNSS where Section 105D(1) CrPC referred to Section 105C(3) CrPC.

Section 116 BNSS: Sub-sections Explained

Section 116(1) BNSS: Identifying unlawfully acquired property

▶

Bare Act Text

(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.

Previous Law

CrPC 105D → Section 116(1) BNSS

Section 116(2) BNSS: Identifying unlawfully acquired property

▶

Bare Act Text

(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.

Previous Law

CrPC 105D(2) → Section 116(2) BNSS

Section 116(3) BNSS: Identifying unlawfully acquired property

▶

Bare Act Text

(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.

Previous Law

CrPC 105D(3) → Section 116(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·