Section 111 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 111 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides essential definitions for terms used in Chapter VIII, which deals with reciprocal arrangements for assistance in certain matters and procedures for the attachment and forfeiture of property.
📘 Text of Section 111: Definitions
In this Chapter, unless the context otherwise requires:
“Contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise.
“Identifying” includes establishment of proof that the property was derived from, or used in, the commission of an offence.
“Proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property.(
“Property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime.
“Tracing” means determining the nature, source, disposition, movement, title, or ownership of property.
⚖️ Legal Context and Implications
Alignment with Prevention of Money Laundering Act (PMLA): The definitions provided in Section 111 align closely with those in the Prevention of Money Laundering Act, 2002 (PMLA), particularly concerning the terms "proceeds of crime" and "property." This alignment ensures consistency in legal interpretation and enforcement across different statutes.
International Cooperation: The definition of "contracting State" facilitates international cooperation in criminal matters, allowing for the enforcement of legal actions such as the attachment and forfeiture of property across jurisdictions with which India has agreements.
Asset Tracing and Recovery: The inclusion of "identifying" and "tracing" as defined terms empowers authorities to establish links between property and criminal activity, aiding in the effective recovery of assets obtained through illicit means.
🧾 Illustrative Examples
Example 1: If a person in India is found to possess assets that were obtained through criminal activity in a "contracting State," Indian authorities can use the definitions in Section 111 to trace the origin of these assets and initiate proceedings for their forfeiture.
Example 2: In a case where property is suspected to be the proceeds of crime, law enforcement agencies can employ the concept of "identifying" to establish proof that the property was derived from or used in the commission of an offence, facilitating legal actions such as attachment or confiscation.
🔄 Comparison with Indian Penal Code (IPC)
| Term | BNSS, 2023 (Section 111) | IPC, 1860 |
|---|---|---|
| Proceeds of Crime | Defined in Section 111 | Not explicitly defined |
| Property | Defined in Section 111 | Not explicitly defined |
| Tracing | Defined in Section 111 | Not explicitly defined |
Note: While the IPC addresses various offences related to property and criminal activity, it does not provide explicit definitions for terms like "proceeds of crime," "property," and "tracing" as found in Section 111 of the BNSS.
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