CrPC Section 105H — Forfeiture of property in certain cases

Summary

Sub-section (1) allows the Court, after considering any explanation to the show-cause notice under section 105G and the material before it, to decide whether all or any of the properties in question are proceeds of crime. Before making that finding, the Court must give the affected person a reasonable opportunity to be heard. If that person holds any property named in the notice through someone else, that other person must also be given that opportunity. However, if the affected person and, where applicable, the other person do not appear or present their case within the 30 days specified in the notice, the Court may make its finding without them, based on the evidence available.

Sub-section (2) applies where the Court is satisfied that some of the properties named in the notice are proceeds of crime, but cannot identify exactly which properties they are. In that situation, the Court may specify which properties it considers to be proceeds of crime, based on its best judgment, and record its finding under sub-section (1).

Sub-section (3) provides that property found under this section to be proceeds of crime is forfeited to the Central Government, free from all encumbrances.

Sub-section (4) provides that if shares in a company are forfeited to the Central Government under this section, the company must promptly register the Central Government as the transferee of those shares, despite anything in the Companies Act, 1956 or the company’s articles of association.

Sub-section (1) of the provision on fine in lieu of forfeiture applies when the Court declares property forfeited to the Central Government under section 105H, but the source of only part of that property has not been proved to the Court’s satisfaction. The Court must give the affected person the option to pay a fine, instead of forfeiture, equal to the market value of that part.

Sub-section (2) requires the Court to give the affected person a reasonable opportunity to be heard before making an order imposing the fine.

Sub-section (3) provides that if the affected person pays the fine within the time allowed, the Court may revoke the forfeiture declaration under section 105H by order. The property is then released.

Official Text

(1) The Court may, after considering the explanation, if any, to the show-cause notice issued under section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.

(2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1).

(3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances.

(4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the articles of association of the company, forthwith register the Central Government as the transferee of such shares. 105-I. Fine in lieu of forfeiture.—

(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.

Sections referred to

• CrPC §105G — Notice of forfeiture of property

Referred to by

• CrPC §105F — Management of properties seized or forfeited under this Chapter
• CrPC §105J — Certain transfers to be null and void

Old <-> New Code Mapping

• BNSS §120 — Forfeiture of property in certain cases