Code:
(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.
Explanation:
This section deals with the forfeiture of property to the Central Government under the Bharatiya Nagarik Suraksha Sanhita (BNSS). If a court declares that a property stands forfeited under section 121, but the source of only a part of that property is not proven, the court can order the affected person to pay a fine equal to the market value of the unproven part instead of forfeiting the entire property.
Illustration:
Suppose a person is found guilty of a crime under the BNSS, and a luxury car owned by them is declared to be forfeited. The court investigates and finds that the person had legitimate income to purchase the car. However, they could not prove the source of a significant portion of the funds used to purchase a high-end watch found in their possession. In this case, the court could order the person to pay a fine equal to the market value of the watch in lieu of forfeiting the car.
Common Questions and Answers:
- Q: Who can impose a fine under this section?
A: Only a court can impose a fine under this section.
- Q: Can the person affected refuse to pay the fine?
A: No. If the person refuses to pay the fine, the property will be forfeited to the Central Government.
- Q: How is the market value of the property determined?
A: The court will determine the market value based on evidence presented by both parties.
- Q: What happens if the person affected pays the fine?
A: The court will revoke the declaration of forfeiture, and the property will be released to the person affected.
