CrPC Section 105G — Notice of forfeiture of property

Summary

Sub-section (1) allows the Court, if an inquiry, investigation or survey under section 105D gives it reason to believe that all or any of the properties are proceeds of crime, to serve a notice on the person affected. The notice must give that person 30 days to state the source of the income, earnings or assets used to acquire the property, provide supporting evidence and other relevant information and particulars, and explain why the property should not be declared proceeds of crime and forfeited to the Central Government.

Sub-section (2) requires a copy of the notice to be served on another person if the notice says that person holds any specified property on behalf of the person affected.

Official Text

(1) If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

Sections referred to

• CrPC §105D — Identifying unlawfully acquired property

Referred to by

• CrPC §105H — Forfeiture of property in certain cases
• CrPC §105J — Certain transfers to be null and void

Old <-> New Code Mapping

• BNSS §119 — Notice of forfeiture of property