Chapter VIIA
Section 105I CrPC: Fine in lieu of forfeiture
New Law Update (2024)
Section 113 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under Section 105H 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 105H and thereupon such property shall stand released.
Important Sub-Sections Explained
Section 105I(1) CrPC
This sub-section allows a person whose property is declared forfeited to the Central Government under Section 105H CrPC to pay a fine instead of losing the property, specifically when only a portion of the property’s source could not be satisfactorily explained to the Court. The fine amount is equivalent to the market value of that unexplained portion.
Section 105I(2) CrPC
This sub-section guarantees that before a Court orders a person to pay a fine in lieu of forfeiture, the affected individual must be given a fair chance to present their case and be heard.