CrPC Section 96: Application to High Court to Set Aside Forfeiture Declaration

1. Code

The Code of Criminal Procedure, 1973 (CrPC)

2. Explanation

Section 96 of the CrPC deals with the power of the High Court to set aside a forfeiture declaration made by a Magistrate under Section 82 of the CrPC. This provision allows a person whose property has been declared forfeited to appeal to the High Court against the Magistrate’s order.

According to Section 96, any person aggrieved by an order of forfeiture made under Section 82 can apply to the High Court to set aside the declaration. The High Court, after hearing the parties concerned, has the power to:

• Confirm the order of forfeiture;
• Set aside the order of forfeiture;
• Modify the order of forfeiture.

3. Illustration

Let’s say a Magistrate declares a car belonging to Mr. X to be forfeited under Section 82 of the CrPC. Mr. X believes that the declaration was unjustified and that he was not given a fair chance to present his case. He can then approach the High Court under Section 96, seeking to set aside the forfeiture declaration.

4. Common Questions and Answers

Q1. Who can file an application under Section 96?

A: person whose property has been declared forfeited under Section 82 of the CrPC.

Q2. What is the time limit for filing an application under Section 96?

A: There is no specific time limit mentioned in Section 96. However, the application should be filed within a reasonable time after the order of forfeiture is passed.

Q3. What are the grounds on which the High Court can set aside a forfeiture declaration?

A: The High Court can set aside a forfeiture declaration if it finds that the Magistrate acted illegally, improperly, or in violation of principles of natural justice. The High Court can also set aside the declaration if it finds that the forfeiture was not justified or that the property was not actually used for the commission of the offense.

Q4. Can the High Court modify the order of forfeiture?

A: Yes, the High Court can modify the order of forfeiture. For example, the High Court may reduce the amount of property to be forfeited or may substitute the forfeited property with another property of equivalent value.