Code:
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.
Explanation:
This section deals with the certain transfers to be null and void of property subject to an order under Section 117 (regarding attachment of property) or a notice under Section 119 (regarding notice to furnish security for good behavior) of the BNSS. It states that if such property is transferred after the order or notice is issued, the transfer is ignored for the purposes of proceedings under this chapter. Furthermore, if the property is subsequently forfeited to the Central Government under Section 122, the transfer is deemed to be null and void.
Illustration:
Imagine a person is issued a notice under Section 119 of the BNSS to furnish security for good behavior. After receiving the notice, they transfer their property to another person. According to Section 135, this transfer will be ignored for the purposes of the proceedings under this chapter. If the property is later forfeited to the Central Government under Section 122, the transfer will be deemed to be null and void.
Common Questions and Answers:
- Q: What is the purpose of this section?
A: This section aims to prevent individuals from transferring property to evade forfeiture under the BNSS.
- Q: Does this section apply to all types of property transfers?
A: Yes, it applies to all modes of property transfers, including sale, gift, or any other means.
- Q: What is the consequence of the transfer being deemed null and void?
A: The transfer is deemed to be ineffective, and the property will remain subject to forfeiture to the Central Government.
