Section 119 BNSS: Notice of forfeiture of property

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 119 BNSS at a Glance

Section 119 BNSS deals with notice of forfeiture of property. It replaced Section 105G CrPC on 1 July 2024.

Was CrPC

Section 105G →

Section 119 BNSS Bare Act Text

(1) If as a result of the inquiry, investigation or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

Source: Section 119, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 119 BNSS in Simple Words

Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the notice of forfeiture of property. If as a result of the inquiry, investigation or survey under Section 116 BNSS the Court has reason to believe that all or any of such properties are proceeds of crime, the Court may serve a notice upon the person affected.

The notice calls upon the person affected, within a period of thirty days specified in the notice, to indicate the source of income, earnings or assets out of which or by means of which the property was acquired, the evidence relied on and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be proceeds of crime and forfeited to the Central Government. Where the notice specifies any property as being held on behalf of the person affected by any other person, a copy of the notice shall also be served upon that other person.

When Section 119 BNSS Applies

  • Section 119(1) BNSS applies if, as a result of the inquiry, investigation or survey under Section 116 BNSS, the Court has reason to believe that all or any of such properties are proceeds of crime.
  • In that case the Court may serve a notice upon the person affected.
  • The notice calls upon the person affected to indicate the source of income, earnings or assets, the evidence relied on and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be proceeds of crime and forfeited to the Central Government.
  • Under Section 119(2) BNSS, a copy of the notice shall also be served upon the other person where the notice specifies any property as being held on behalf of the person affected by that other person.

Time Limits Under Section 119 BNSS

  • Section 119(1) BNSS calls upon the person affected to respond within a period of thirty days specified in the notice.Act text: “within a period of thirty days specified in the notice”

Example of Section 119 BNSS

After an inquiry under Section 116 BNSS, the Court has reason to believe that a flat is proceeds of crime. Under Section 119(1) BNSS, the Court serves a notice upon Deepak, calling upon Deepak within a period of thirty days specified in the notice to indicate the source of income, earnings or assets out of which Deepak acquired the flat, the evidence on which Deepak relies and other relevant information and particulars, and to show cause why the flat should not be declared to be proceeds of crime and forfeited to the Central Government. The notice specifies that the flat is held on behalf of Deepak by Kiran, so under Section 119(2) BNSS a copy of the notice is also served upon Kiran.

When Section 119 BNSS Does Not Apply

  • Section 119(1) BNSS speaks of a notice served after an inquiry, investigation or survey under Section 116 BNSS. It does not deal with the seizure or attachment of property, which is the subject of Section 117 BNSS.
  • Section 119(1) BNSS speaks of a notice calling upon the person affected to show cause. It does not deal with the declaration that property stands forfeited, which is the subject of Section 120 BNSS.

Section 119 BNSS in the CrPC (Previous Law)

Section 119 BNSS replaced Section 105G CrPC from 1 July 2024.

Section 119 BNSS has the same heading and the same text as Section 105G CrPC. Section 119(1) BNSS refers to Section 116 BNSS where Section 105G(1) CrPC referred to Section 105D CrPC.

Each sub-section below names its own source.

FAQs on Section 119 BNSS

When may the Court serve a notice under Section 119 BNSS?▼

Section 119(1) BNSS says that if as a result of the inquiry, investigation or survey under Section 116 BNSS the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon the person affected.

What does the notice under Section 119 BNSS call upon the person affected to do?▼

The notice calls upon the person affected, within a period of thirty days specified in the notice, to indicate the source of income, earnings or assets out of which or by means of which the property was acquired, the evidence relied on and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be proceeds of crime and forfeited to the Central Government.

Who else receives a copy of the notice under Section 119 BNSS?▼

Under Section 119(2) BNSS, where a notice under Section 119(1) BNSS specifies any property as being held on behalf of the person affected by any other person, a copy of the notice shall also be served upon that other person.

What changed from Section 105G CrPC to Section 119 BNSS from 1 July 2024?▼

Section 119 BNSS has the same heading and the same text as Section 105G CrPC. Section 119(1) BNSS refers to Section 116 BNSS where Section 105G(1) CrPC referred to Section 105D CrPC.

Section 119 BNSS: Sub-sections Explained

Section 119(1) BNSS: Notice of forfeiture of property

▶

Bare Act Text

(1) If as a result of the inquiry, investigation or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

Previous Law

CrPC 105G → Section 119(1) BNSS

Section 119(2) BNSS: Notice of forfeiture of property

▶

Bare Act Text

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

Previous Law

CrPC 105G(2) → Section 119(2) BNSS

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