Code:
(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.
Explanation:
- This section gives the Magistrate discretionary power to impose a fine instead of forfeiting property seized during a criminal investigation.
- The fine amount cannot exceed the value of the property.
- This provision is intended to be a lenient measure, allowing the person to avoid losing their property by paying a financial penalty.
Illustration:
Imagine a scenario where a police officer seizes a car suspected to have been used in a crime. The car is liable for forfeiture under the CrPC. However, the Magistrate, after considering the circumstances, feels that forfeiting the car would be too harsh a punishment. Instead, the Magistrate may impose a fine on the owner of the car, equal to its market value, in lieu of forfeiture.
Common Questions and Answers:
Q1: What is the basis for the Magistrate’s discretion to impose a fine in lieu of forfeiture?
A1:
The Magistrate’s discretion is based on the facts of the case and the circumstances surrounding the seizure of the property. Factors like the gravity of the offense, the involvement of the person in whose possession the property was found, and the potential hardship caused by forfeiture are considered.
Q2: Can the Magistrate always impose a fine in lieu of forfeiture?
A2:
No. The Magistrate’s discretion is not absolute. The section emphasizes that the fine should not exceed the value of the property. Moreover, the Magistrate may not choose to impose a fine if the forfeiture is deemed essential for the effective administration of justice.
