Section 120: Forfeiture Of Property In Certain Cases
Code: Section 120 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section outlines the process for a court to declare property as proceeds of crime and order its forfeiture to the Central Government.
Procedure:
- Show-Cause Notice (Section 119): The court issues a notice to the person allegedly holding the proceeds of crime, giving them an opportunity to explain why the property should not be declared as such.
- Hearing: The court will hear the person affected and any other relevant parties, providing a chance to present evidence and arguments.
- Finding: Based on the evidence and arguments, the court decides whether the property is indeed proceeds of crime.
- Ex Parte Decision: If the person affected fails to appear within the specified time, the court can proceed ex parte based on the available evidence.
- Partial Forfeiture: Th court cannot specifically identify all the proceeds of crime. Hence, it can declare a portion of the property as proceeds of crime.
- Forfeiture: The property is declared as proceeds of crime. Then, it is forfeited to the Central Government, free of any encumbrances.
- Shares in a Company: If shares in a company are forfeited, the company must register the Central Government as the new owner of the shares.
Illustration: Suppose a person is accused of laundering money earned through drug trafficking. The authorities suspect that the person purchased a luxury car with the proceeds of crime. The court, after following the procedure outlined in Section 120, could declare the car as proceeds of crime. It can order its forfeiture to the Central Government.
Common Questions and Answers: Forfeiture Of Property In Certain Cases
Q: Who can initiate the process of declaring property as proceeds of crime?
A: The process can be initiated by law enforcement agencies like the police or the Enforcement Directorate.
Q: What happens to the property after it is forfeited?
A: The Central Government has the authority to dispose of the forfeited property. It could include selling it and utilizing the proceeds for public purposes.
Q: Can the person whose property is forfeited appeal the court’s decision?
A: Yes, the person affected has the right to appeal the court’s decision through the appropriate legal channels.
