Law Maker

CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Section 105I: Fine in lieu of forfeiture

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105H and thereupon such property shall stand released.

Now in the BNSS

As given in the official comparison tables of the Bureau of Police Research and Development and the Allahabad High Court (the NCRB table has no row for it). Read both texts before relying on it.

CrPC 105IBNSS 121

Practise questions on Criminal Law