(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released.
Bharatiya Nagarik Suraksha Sanhita
Section 121
Fine in lieu of forfeiture
⚡ Quick Answer Reference: Section 121 BNSS
- Provision: Section 121 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: If a court declares that some property is forfeited to the Central Government, but can't prove where all of it came from, the court can let the person affected choose to pay a fine instead of losing the property. The fine is equal to the market value of the part of the property whose source can't be proven. The person affected gets a chance to be heard before the fine is decided.
What does Section 121 of BNSS say?
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What does Section 121 of BNSS mean?
Plain English Explanation
If a court declares that some property is forfeited to the Central Government, but can't prove where all of it came from, the court can let the person affected choose to pay a fine instead of losing the property. The fine is equal to the market value of the part of the property whose source can't be proven. The person affected gets a chance to be heard before the fine is decided.
Practical Interpretation
This section allows the court to balance the need to punish those who have committed an offence with the need to be fair to those who may have unknowingly or unintentionally committed an offence. It gives the person affected a chance to pay a fine instead of losing their property, which can be a significant burden.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the court to impose a fine on a person who has had their property declared forfeited, but where the source of only a part of the property has not been proven. This allows the court to balance the need to punish the person with the need to be fair and not impose an undue burden.
- •The court has made a declaration that the property stands forfeited to the Central Government under section 120.
- •The source of only a part of the property has not been proved to the satisfaction of the court.
- •The fine is equal to the market value of the part of the property whose source has not been proven.
- •The person affected is given a reasonable opportunity of being heard before the fine is decided.
Practical Example of Section 121 BNSS
Rajesh is accused of possessing a large quantity of contraband. The court declares that the contraband is forfeited to the Central Government under section 120. However, it is discovered that only a part of the contraband was Rajesh's, and the source of the rest cannot be proven. The court gives Rajesh the option to pay a fine equal to the market value of the unproven part of the contraband instead of losing the entire quantity. Rajesh is given a chance to be heard before the fine is decided.
Frequently Asked Questions about Section 121 BNSS
Q: What is the punishment or consequence under Section 121 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the payment of a fine equal to the market value of the part of the property whose source has not been proven.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a provision of the Bharatiya Nagarik Suraksha Sanhita, which is a general law applicable to all citizens of India.
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 applicable to determine whether the offence is bailable or cognizable.
Common Questions about Section 121 BNSS
What is Section 121 of BNSS?
Section 121 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Fine in lieu of forfeiture". In plain terms: If a court declares that some property is forfeited to the Central Government, but can't prove where all of it came from, the court can let the person affected choose to pay a fine instead of losing the property. The fine is equal to the market value of the part of the property whose source can't be proven. The person affected gets a chance to be heard before the fine is decided.
What is the punishment under Section 121 of BNSS?
Section 121 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 121 of BNSS bailable or non-bailable?
Whether Section 121 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 121 of BNSS?
The essential elements of Section 121 of BNSS are: The court has made a declaration that the property stands forfeited to the Central Government under section 120.; The source of only a part of the property has not been proved to the satisfaction of the court.; The fine is equal to the market value of the part of the property whose source has not been proven..
Landmark Judgments under Section 121 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 121
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