Any police officer can start this kind of property investigation on their own.

Only an officer directed by the Court, and following the Court's specific instructions, can carry out this inquiry — it doesn't happen automatically.

This section allows police to seize property immediately.

This section only covers tracing and identifying property through inquiry, investigation, or survey — it does not itself authorize seizure or forfeiture.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 116

Identifying unlawfully acquired property

(1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.§

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.§

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.§

Why this exists

This section is part of a new chapter in the BNSS dealing with attachment, forfeiture, and restoration of property linked to crime — an area that did not exist in this structured form under the old CrPC. It gives courts a formal mechanism to task police with tracing unlawfully acquired assets, including in cross-border cases where a foreign or other authority sends a 'letter of request' (a tool commonly used in international legal cooperation, similar to mutual legal assistance requests). The goal is to ensure that once a court suspects property was acquired through crime, there is a clear legal pathway to investigate and locate it before deciding on forfeiture.

Common misconceptions

Myth: Any police officer can start this kind of property investigation on their own.
Fact: Only an officer directed by the Court, and following the Court's specific instructions, can carry out this inquiry — it doesn't happen automatically.
Myth: This section allows police to seize property immediately.
Fact: This section only covers tracing and identifying property through inquiry, investigation, or survey — it does not itself authorize seizure or forfeiture.