Section 105G CrPC: Notice of Forfeiture of Property – Indian Criminal Procedure Code

1. Code

Section 105G of the Code of Criminal Procedure, 1973 deals with the notice of forfeiture of property.

2. Explanation

This section empowers the court to issue a notice to the concerned person, informing them of its intention to forfeit the property involved in the crime. The notice should clearly specify the property to be forfeited, the reason for forfeiture, and the opportunity to present their case before the court.

3. Illustration

Imagine a case where a person is convicted of drug trafficking, and the police seize a significant amount of cash believed to be proceeds of the crime. The court, upon conviction, may issue a notice to the convict under Section 105G, informing them of the intention to forfeit the seized cash.

4. Common Questions and Answers

Q: What is the purpose of issuing a notice under Section 105G?
A: The notice serves as a formal communication to the concerned party, informing them about the potential forfeiture of property and granting them a chance to respond before a final decision is made.

Q: Who can issue a notice under Section 105G?
A: The court, after convicting the accused, can issue a notice under this section.

Q: What should the notice contain?
A: The notice must clearly state the property to be forfeited, the reason for forfeiture, and a specific time and date for the hearing where the concerned party can present their case.