Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This provision is designed to stop people from dodging forfeiture proceedings by quickly selling, gifting, or otherwise transferring property once the government has flagged it as possibly illegally acquired. Without such a rule, a person facing forfeiture could simply move the property to a relative or associate to escape confiscation. By freezing the legal effect of any transfer made after the order or notice, and declaring it null and void if forfeiture later occurs, the law protects the integrity of forfeiture proceedings against illegally acquired property.
Common misconceptions
- Myth: If you transfer property to someone else before the government finishes its investigation, you can protect it from forfeiture.
Fact: Once an order under Section 117(1) or a notice under Section 119 is issued, any later transfer of that property is ignored for forfeiture purposes and becomes void if the property is eventually forfeited.