Section 121 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 121 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the imposition of a fine as an alternative to the forfeiture of property deemed to be proceeds of crime. This provision provides an opportunity for individuals affected by such forfeiture orders to retain their property by paying a fine equal to the market value of the portion of the property whose illicit origin could not be satisfactorily proven.
📜 Text of Section 121: Fine in Lieu of Forfeiture
Section 121 of the BNSS, 2023 states:
Option to Pay Fine: If a court declares that any property is forfeited to the Central Government under Section 120, and it is established that only a part of such property has an unproven source, the court shall offer the affected person the option to pay a fine equal to the market value of that part instead of forfeiture.
Opportunity to Be Heard: Before imposing the fine, the affected person must be given a reasonable opportunity to present their case.
Revocation of Forfeiture: Upon payment of the fine within the allowed time, the court may revoke the forfeiture order, and the property shall be released.
⚖️ Legal Context and Implications
Alignment with CrPC: Section 121 mirrors Section 105-I of the Code of Criminal Procedure, 1973 (CrPC), which also allows for a fine in lieu of property forfeiture when the illicit origin of only part of the property is unproven.
Protection of Property Rights: This provision safeguards individuals' property rights by providing an alternative to complete forfeiture, ensuring that only the illicitly obtained portion is affected.
Judicial Discretion: The court retains discretion to revoke the forfeiture order upon payment of the fine, allowing for flexibility based on the circumstances of each case.
🧾 Illustrative Example
Scenario: An individual owns a property, and during an investigation, it is found that a portion of the property was acquired through illicit means. The court declares the entire property forfeited under Section 120. However, since the illicit origin of only part of the property is unproven, the individual is offered the option to pay a fine equivalent to the market value of that part. Upon payment, the court revokes the forfeiture order, and the property is released to the individual.
🔄 Comparison with CrPC
| Provision | BNSS, 2023 (Section 121) | CrPC, 1973 (Section 105-I) |
|---|---|---|
| Purpose | Fine in lieu of forfeiture | Fine in lieu of forfeiture |
| Scope | Partial unproven illicit origin | Partial unproven illicit origin |
| Opportunity to Be Heard | Yes | Yes |
| Revocation of Forfeiture | Possible upon payment | Possible upon payment |
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