Section 117 BNSS: Seizure or attachment of property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 117 BNSS at a Glance

Section 117 BNSS deals with seizure or attachment of property. It replaced Section 105E CrPC on 1 July 2024.

Section 117 BNSS Bare Act Text

(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

Source: Section 117, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 117 BNSS in Simple Words

Section 117 BNSS deals with the seizure or attachment of property by an officer conducting an inquiry or investigation under Section 116 BNSS. An order made under Section 117(1) BNSS shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

When Section 117 BNSS Applies

  • An officer conducting an inquiry or investigation under Section 116 BNSS who has a reason to believe that any property in relation to which the inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property may make an order for seizing the property.
  • Where it is not practicable to seize the property, the officer may make an order of attachment directing that the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making the order.
  • A copy of the order shall be served on the person concerned.
  • An order made under Section 117(1) BNSS shall have no effect unless the said order is confirmed by an order of the said Court.

Time Limits Under Section 117 BNSS

  • The order shall be confirmed within a period of thirty days of its being made.Act text: โ€œwithin a period of thirty days of its being madeโ€

Example of Section 117 BNSS

Anil is an officer conducting an inquiry under Section 116 BNSS. Anil has a reason to believe that a plot, in relation to which the inquiry is being conducted, is likely to be transferred in a manner which will result in disposal of the plot. It is not practicable to seize the plot, so Anil makes an order of attachment directing that the plot shall not be transferred or otherwise dealt with, except with the prior permission of Anil. A copy of the order is served on the person concerned. Under Section 117(2) BNSS, the order has no effect unless the order is confirmed by an order of the Court within a period of thirty days of its being made.

When Section 117 BNSS Does Not Apply

  • Section 117(1) BNSS speaks of an order made by an officer. It does not deal with an order of attachment or forfeiture made by the Court under Section 115(1) BNSS.
  • Section 117 BNSS speaks of seizing or attaching property. It does not deal with the appointment of an Administrator of the property.

Section 117 BNSS in the CrPC (Previous Law)

Section 117 BNSS replaced Section 105E CrPC from 1 July 2024.

Section 117 BNSS has the same heading and the same text as Section 105E CrPC, from 1 July 2024. Section 117(1) BNSS refers to Section 116 BNSS where Section 105E(1) CrPC referred to Section 105D CrPC.

Each sub-section below names its own source.

FAQs on Section 117 BNSS

When may an officer make an order for seizing property under Section 117 BNSS?โ–ผ

An officer conducting an inquiry or investigation under Section 116 BNSS who has a reason to believe that the property is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property may make an order for seizing the property.

What may the officer do under Section 117 BNSS where it is not practicable to seize the property?โ–ผ

The officer may make an order of attachment directing that the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making the order. A copy of the order shall be served on the person concerned.

What does Section 117 BNSS say about confirmation by the Court?โ–ผ

An order made under Section 117(1) BNSS shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

What changed from Section 105E CrPC to Section 117 BNSS from 1 July 2024?โ–ผ

Section 117 BNSS has the same heading and the same text as Section 105E CrPC. Section 117(1) BNSS refers to Section 116 BNSS where Section 105E(1) CrPC referred to Section 105D CrPC.

Section 117 BNSS: Sub-sections Explained

Section 117(1) BNSS: Seizure or attachment of property

โ–ถ

Bare Act Text

(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

Previous Law

CrPC 105E โ†’ Section 117(1) BNSS

Section 117(2) BNSS: Seizure or attachment of property

โ–ถ

Bare Act Text

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

Previous Law

CrPC 105E(2) โ†’ Section 117(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 22 Oct 2026 ยท