Section 118 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

08 Jun 2025 --
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Section 118 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the management and disposal of properties that have been seized or forfeited under this Chapter. Here's a detailed explanation:

📜 Section 118: Management of Properties Seized or Forfeited

Sub-section (1): Appointment of Administrator

The Court has the authority to appoint the District Magistrate of the area where the property is situated, or any other officer nominated by the District Magistrate, to perform the functions of an Administrator for such property.

Sub-section (2): Functions of the Administrator

The appointed Administrator is responsible for receiving and managing the property in relation to which an order has been made under sub-section (1) of section 117 or under section 120. The management must be conducted in such manner and subject to such conditions as specified by the Central Government.

Sub-section (3): Disposal of Forfeited Property

The Administrator shall also take measures, as directed by the Central Government, to dispose of the property that has been forfeited to the Central Government.

⚖️ Legal Context and Comparison with Cr.P.C.

Objective: This section ensures that properties seized or forfeited during criminal investigations are managed and disposed of in an organized and lawful manner.

Comparison with Cr.P.C.: Section 118 of the BNSS corresponds to Section 105F of the Code of Criminal Procedure (Cr.P.C.), which similarly deals with the management and disposal of seized or forfeited properties.

🧾 Practical Implications

Appointment of Administrator: The Court's ability to appoint an Administrator ensures that there is a designated authority responsible for the seized or forfeited property, providing clarity and accountability.

Central Government's Role: By specifying conditions for the management and disposal of property, the Central Government can standardize procedures, ensuring consistency across different cases and jurisdictions.

Disposal of Property: The provision for disposal of forfeited property allows for the utilization of such assets, potentially for public benefit, and prevents the accumulation of unused or unclaimed property.