(1) The Court may, after considering the explanation, if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1). (3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 2013 (18 of 2013) or the Articles of Association of the company, forthwith register the Central Government as the transferee of such shares.
Bharatiya Nagarik Suraksha Sanhita
Section 120
Forfeiture of property in certain cases
⚡ Quick Answer Reference: Section 120 BNSS
- Provision: Section 120 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section allows a court to decide if certain properties are linked to a crime. If the court finds that a property is linked to a crime, it will be taken away from the person who owns it and given to the Central Government. The court must give the person a chance to explain themselves before making a decision.
What does Section 120 of BNSS say?
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What does Section 120 of BNSS mean?
Plain English Explanation
This section allows a court to decide if certain properties are linked to a crime. If the court finds that a property is linked to a crime, it will be taken away from the person who owns it and given to the Central Government. The court must give the person a chance to explain themselves before making a decision.
Practical Interpretation
In practice, this section is used when the government suspects that someone has obtained property through illegal means. The court will review the evidence and decide if the property is indeed linked to a crime. If it is, the property will be seized and given to the Central Government.
Core Legal Purpose
The core purpose of this section is to allow the court to take away property that is linked to a crime and give it to the Central Government. This is done to prevent people from benefiting from illegal activities.
- •The court must consider the explanation provided by the person in response to the show-cause notice.
- •The court must give the person a reasonable opportunity to be heard before making a decision.
- •The court must be satisfied that the property is linked to a crime before it can be forfeited.
- •If the person does not appear before the court or respond to the show-cause notice, the court can make a decision without hearing from them.
Practical Example of Section 120 BNSS
Rajesh is suspected of being involved in a money laundering scheme. The government issues a show-cause notice to Rajesh, asking him to explain why a certain property should not be forfeited. Rajesh fails to respond to the notice and does not appear before the court. The court reviews the evidence and decides that the property is linked to a crime. As a result, the property is forfeited to the Central Government.
Frequently Asked Questions about Section 120 BNSS
Q: What is the punishment or consequence under Section 120 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of this section is that the property will be forfeited to the Central Government if it is linked to a crime.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. The court can forfeit property owned by anyone if it is linked to a crime.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not classified as a bailable or cognizable offence.
Common Questions about Section 120 BNSS
What is Section 120 of BNSS?
Section 120 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Forfeiture of property in certain cases". In plain terms: This section allows a court to decide if certain properties are linked to a crime. If the court finds that a property is linked to a crime, it will be taken away from the person who owns it and given to the Central Government. The court must give the person a chance to explain themselves before making a decision.
What is the punishment under Section 120 of BNSS?
Section 120 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 120 of BNSS bailable or non-bailable?
Whether Section 120 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 120 of BNSS?
The essential elements of Section 120 of BNSS are: The court must consider the explanation provided by the person in response to the show-cause notice.; The court must give the person a reasonable opportunity to be heard before making a decision.; The court must be satisfied that the property is linked to a crime before it can be forfeited..
Landmark Judgments under Section 120 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 120
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