Business Valuation

Business Valuation refers to the systematic process of determining the economic worth of a business entity, enterprise, or undertaking on the basis of recognized financial, accounting, and market principles.

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OVERVIEW

Business Valuation

Business Valuation refers to the systematic process of determining the economic worth of a business entity, enterprise, or undertaking on the basis of recognized financial, accounting, and market principles. It encompasses the assessment of tangible and intangible assets, liabilities, earning capacity, goodwill, market position, and future growth prospects of the business.

Within the framework of the BNSS, Business Valuation assumes significance in criminal and quasi-criminal proceedings where financial assessment is required for the purposes of investigation, adjudication, or enforcement. Such instances may arise in cases involving economic offences, fraud, cheating, criminal breach of trust, money laundering, attachment or confiscation of property, determination of compensation, or assessment of disproportionate assets.

The valuation process may be undertaken by competent authorities, financial experts, chartered accountants, or government-approved valuers, employing recognized methodologies, including:

  • Asset-based approach – determination of value based on the net asset value of the business;
  • Income-based approach – valuation based on earning potential, including discounted cash flow methods;
  • Market-based approach – valuation through comparison with similarly placed businesses or comparable market transactions.

In the context of proceedings under the BNSS, Business Valuation serves both evidentiary and procedural functions, including:

  • Assessment of Financial Loss or Gain: Quantification of wrongful loss or unlawful enrichment in criminal matters;
  • Attachment and Seizure of Property: Determination of the value of assets liable to be attached, seized, or confiscated;
  • Determination of Compensation or Restitution: Ensuring fair and reasonable compensation to victims;
  • Verification of Financial Statements: Detection of manipulation, concealment, or misrepresentation of financial position;
  • Assistance in Investigation: Aiding investigating agencies in tracing proceeds of crime and establishing financial trails.

Although the BNSS is primarily a procedural statute governing the administration of criminal justice, it permits courts and investigating agencies to rely upon expert opinions and documentary evidence, including valuation reports, for the purpose of ensuring fair adjudication and effective enforcement of law.

Accordingly, Business Valuation, within the contextual ambit of the BNSS, operates as an essential financial and evidentiary tool in the administration of justice, particularly in matters involving complex economic and financial issues.

 

 

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Posted on 09-04-2026

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Posted on 08-04-2026

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