Notice of forfeiture of property
Section 119 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with notice of forfeiture of property. 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 The Act came into force on 01 Jul 2024.
(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.
Section 119, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 105G Notice of forfeiture of property Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajesh Natwarlal Bangawala vs C.b.i.b.s and F.c.
Decided under Code of Criminal Procedure 105G, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal cases involving alleged fraud and siphoning of funds, while courts have authority under Chapter VII-A of the Criminal Procedure Code to attach and seize property to prevent dissipation of proceeds, such seizure must be preceded by or accompanied by notice to the accused enabling him to provide explanation regarding the source of income and assets. The correct terminology for interim asset protection is 'seizure' rather than 'forfeiture', and procedural compliance with Sections 105C to 105G is mandatory. However, if the lower court has already directed the investigating officer to issue notice and submit a report, there is substantial compliance with procedural requirements, and the appellate court may modify the order to correct terminology while upholding the substance of asset protection.
On this section: Disposal of forfeited property - specifies disposal procedures
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Central Bureau of Investigation vs Rajesh Natwarlal Bangawala
Decided under Code of Criminal Procedure 105G, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal cases involving attachment and forfeiture of property under Chapter VII-A of the Criminal Procedure Code (Sections 105C to 105G), the court must: (1) Use the correct legal terminology - 'seizure' for interim orders and 'forfeiture' for final orders; (2) Provide notice to the accused before passing an attachment/forfeiture order; (3) Give the accused an opportunity to explain the source of income and earning of the assets; (4) Ensure compliance with the procedural safeguards laid down in Sections 105C to 105G; and (5) Direct the investigating officer to issue notice and obtain explanation from the accused before final forfeiture orders are passed.
On this section: Forfeiture of attached property
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 119
What have the courts held on Section 119 of the Bharatiya Nagarik Suraksha Sanhita?
Rajesh Natwarlal Bangawala vs C.b.i.b.s and F.c. (19 Nov 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 105G, which this section replaced -- the court never mentioned this Act: Disposal of forfeited property - specifies disposal procedures. Another 1 judgment on this section is set out below.
How do I find court cases under Section 119 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 119, section 119 BNSS, section 119 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 119 1 in hindi and bnss 119 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rajesh Natwarlal Bangawala vs C.b.i.b.s and F.c. (19 Nov 2018).
What should I read with Section 119 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 116 (Identifying unlawfully acquired property), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 105G (Notice of forfeiture of property), so the judgments decided under that provision are the case law on this one.
When did Section 119 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 119 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 119, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.