Section 105H CrPC: Forfeiture of Property in Certain Cases

1. Code:

Section 105H of the Code of Criminal Procedure (CrPC), 1973

2. Explanation:

This section deals with the forfeiture of property in certain cases. It allows the court to order the forfeiture of property that was used or intended to be used in the commission of certain offenses. This section is applicable to offenses related to:

• Terrorist activities
• Illicit trafficking in narcotic drugs and psychotropic substances
• Organized crime

The court can order forfeiture of property even if the accused is acquitted or the case is withdrawn, if it is satisfied that the property was used or intended to be used in the commission of the offense.

3. Illustration:

Suppose a person is charged with the offense of trafficking in narcotics. The prosecution proves that the accused used a particular car to transport the narcotics. Even if the accused is acquitted of the charges, the court can order the forfeiture of the car under Section 105H CrPC as it was used in the commission of the offense.

4. Common Questions and Answers:

Q1: What are the grounds for forfeiture of property under Section 105H CrPC?

A1:

The property can be forfeited if it is proven that:

• It was used or intended to be used in the commission of the offense.
• It was acquired from the proceeds of the offense.

Q2: What are the procedures for forfeiture of property under Section 105H CrPC?

A2:

The court can order forfeiture of property after providing a reasonable opportunity to the owner of the property to be heard. The procedure for forfeiture of property is as follows:

• The prosecution must file an application for forfeiture of property.
• The court will issue a notice to the owner of the property to show cause why the property should not be forfeited.
• The owner of the property can contest the application for forfeiture.
• If the court is satisfied that the property should be forfeited, it will pass an order for forfeiture.