Section 120 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 120 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Forfeiture of Property in Certain Cases
Section 120 of the BNSS, 2023, empowers courts to order the forfeiture of property that is determined to be the proceeds of crime. This provision is designed to prevent individuals from benefiting from illicit activities by ensuring that unlawfully acquired assets are confiscated by the state.
🔹 Key Provisions of Section 120
Issuance of Show-Cause Notice (Section 119):
Before proceeding with forfeiture, the court issues a show-cause notice under Section 119 to the person affected, including any third party holding the property on their behalf.
The notice provides the individual an opportunity to explain why the property should not be forfeited.
Opportunity to be Heard:
The affected person (or their representative) is given a reasonable opportunity to present their case before the court.
If the individual fails to appear or respond within the specified period (typically 30 days), the court may proceed to make an ex parte decision based on available evidence.
Determination of Proceeds of Crime:
The court assesses whether the property in question is derived from criminal activities.
In cases where it's challenging to identify specific properties as proceeds of crime, the court may determine and specify which properties, to the best of its judgment, are considered proceeds of crime.
Forfeiture to the Central Government:
Upon determining that the property is proceeds of crime, the court orders that such property be forfeited to the Central Government.
The forfeited property becomes free from all encumbrances.
Forfeiture of Shares in a Company:
If shares in a company are forfeited, the company is required to register the Central Government as the transferee of such shares, overriding provisions in the Companies Act, 2013 or the company's Articles of Association.
🔹 Correspondence with the Code of Criminal Procedure (CrPC)
Section 120 of the BNSS corresponds to Section 105H of the CrPC, which deals with the forfeiture of property in cases involving proceeds of crime. The provisions in both sections are aligned to ensure consistency in the legal framework governing the forfeiture process.
🔹 Purpose and Significance
The primary objective of Section 120 is to:
Deter Criminal Activities: By ensuring that criminals cannot retain the benefits of their unlawful actions.
Promote Justice: By stripping offenders of ill-gotten gains, thereby upholding the rule of law.
Enhance Legal Clarity: By providing a clear procedural mechanism for the forfeiture of property linked to crime.
This section is part of a broader legislative effort to modernize and strengthen India's criminal justice system, replacing outdated provisions with more robust and effective measures.
RELATED Blog
0 comments