Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 118: Management of Properties Seized or Forfeited Under This Chapter
(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 117 or under section 120 in such manner and subject to such conditions as may be specified by the Central Government.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.
Brefe Detail
Section 118 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the management of properties that have been seized or forfeited. It allows the Court to appoint the District Magistrate or another nominated officer as the Administrator to manage the property. The Administrator is responsible for receiving and managing the property according to conditions set by the Central Government and must take necessary measures for disposing of forfeited property.
Question & Answers
Q1: Who can be appointed as the Administrator for seized or forfeited property?
A1: The Court may appoint the District Magistrate of the area or any other officer nominated by the District Magistrate.
Q2: What are the responsibilities of the Administrator?
A2: The Administrator is responsible for receiving and managing the property and disposing of any forfeited property as directed by the Central Government.
Q3: What conditions must the Administrator follow in managing the property?
A3: The management of the property must be done in accordance with conditions specified by the Central Government.
Q4: What happens to the property that is forfeited to the Central Government?
A4: The Administrator must take measures to dispose of the forfeited property as directed by the Central Government.
Example
- Example 1: If a vehicle is seized under an inquiry, the Court may appoint the District Magistrate as the Administrator to manage the vehicle until the case is resolved.
- Example 2: After a forfeiture order, the Administrator may sell the forfeited property following the guidelines set by the Central Government.
- Example 3: The District Magistrate, as the Administrator, must ensure that the management of seized assets complies with all specified conditions.
Summary
Section 118 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a framework for the management of properties that are seized or forfeited. It empowers the Court to appoint an Administrator to oversee the property and mandates adherence to conditions laid down by the Central Government for effective management and disposal.
