Section 122 BNSS: Certain transfers to be null and void

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 122 BNSS at a Glance

Section 122 BNSS deals with certain transfers to be null and void. It replaced Section 105J CrPC on 1 July 2024.

Section 122 BNSS Bare Act Text

122. Certain transfers to be null and void

Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void.

Source: Section 122, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 122 BNSS in Simple Words

Section 122 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with certain transfers to be null and void. It applies where, after the making of an order under Section 117(1) BNSS or the issue of a notice under Section 119 BNSS, any property referred to in the said order or notice is transferred by any mode whatsoever.

Such transfers shall, for the purposes of the proceedings under the Chapter, be ignored. If such property is subsequently forfeited to the Central Government under Section 120 BNSS, the transfer of such property shall be deemed to be null and void.

When Section 122 BNSS Applies

  • Section 122 BNSS applies after the making of an order under Section 117(1) BNSS or the issue of a notice under Section 119 BNSS.
  • It applies to any property referred to in the said order or notice that is transferred by any mode whatsoever.
  • Such transfers shall, for the purposes of the proceedings under the Chapter, be ignored.
  • If such property is subsequently forfeited to the Central Government under Section 120 BNSS, the transfer of such property shall be deemed to be null and void.

Example of Section 122 BNSS

An order is made under Section 117(1) BNSS in respect of a plot of land. After the order is made, Mohan transfers the plot to Dinesh by sale. For the purposes of the proceedings under the Chapter, the transfer is ignored. If the plot is subsequently forfeited to the Central Government under Section 120 BNSS, the transfer of the plot shall be deemed to be null and void.

When Section 122 BNSS Does Not Apply

  • Section 122 BNSS speaks of a transfer of property referred to in an order or notice. It does not deal with the fine payable in lieu of forfeiture, which is the subject of Section 121 BNSS.
  • Section 122 BNSS speaks of the transfer of such property being deemed null and void when the property is forfeited. It does not deal with the management of properties seized or forfeited under the Chapter, which is the subject of Section 118 BNSS.

Section 122 BNSS in the CrPC (Previous Law)

Section 122 BNSS replaces Section 105J CrPC from the old criminal code.

Section 122 BNSS has the same heading and the same text as Section 105J CrPC. Section 122 BNSS refers to Section 117(1) BNSS, Section 119 BNSS and Section 120 BNSS where Section 105J CrPC referred to Section 105E(1) CrPC, Section 105G CrPC and Section 105H CrPC.

View CrPC Section 105J โ†’

FAQs on Section 122 BNSS

When are transfers ignored under Section 122 BNSS?โ–ผ

Where after the making of an order under Section 117(1) BNSS or the issue of a notice under Section 119 BNSS, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfers shall, for the purposes of the proceedings under the Chapter, be ignored.

When is a transfer deemed null and void under Section 122 BNSS?โ–ผ

If such property is subsequently forfeited to the Central Government under Section 120 BNSS, the transfer of such property shall be deemed to be null and void.

What kinds of transfer does Section 122 BNSS cover?โ–ผ

Section 122 BNSS covers a transfer of the property by any mode whatsoever.

What changed from Section 105J CrPC to Section 122 BNSS from 1 July 2024?โ–ผ

Section 122 BNSS has the same heading and the same text as Section 105J CrPC. Section 122 BNSS refers to Section 117(1) BNSS, Section 119 BNSS and Section 120 BNSS where Section 105J CrPC referred to Section 105E(1) CrPC, Section 105G CrPC and Section 105H CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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