Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 121: Fine in Lieu of Forfeiture
(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 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 120 and thereupon such property shall stand released.
Brefe Detail
Section 121 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the scenario in which the Court declares a property forfeited to the Central Government. It allows the affected person to opt for paying a fine equivalent to the market value of the part of the property whose source could not be satisfactorily proven. The section ensures that the affected person has the opportunity to be heard before any fine is imposed.
Question & Answers
Q1: What option does the Court provide when a property is forfeited?
A1: The Court may allow the affected person to pay a fine equal to the market value of the part of the property that has not been satisfactorily proven.
Q2: Is the affected person given a chance to present their case?
A2: Yes, the affected person must be given a reasonable opportunity to be heard before any fine is imposed.
Q3: What happens if the affected person pays the fine?
A3: If the fine is paid within the allowed time, the Court may revoke the forfeiture declaration, and the property will be released.
Example
- Example 1: If an individual’s property is partially deemed proceeds of crime, they may choose to pay a fine equal to the market value of the unproven portion rather than losing the entire property.
- Example 2: Affected individuals are provided a hearing where they can present evidence to contest the forfeiture before the Court imposes a fine.
- Example 3: After paying the fine, the individual may request the Court to revoke the forfeiture order, leading to the release of the property.
Summary
Section 121 allows the Court to impose a fine in lieu of forfeiture for properties declared as proceeds of crime when only part of the property’s source is questionable. This section emphasizes the right of the affected person to be heard and provides a pathway for them to retain their property by paying a fine based on its market value.
