सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 118

Management of properties seized or forfeited under this Chapter

Why this exists

When property connected to an offence (such as proceeds of crime or property linked to an absconding accused) is seized or forfeited by a court, someone neutral and accountable needs to physically manage it—collecting rent, preventing damage, paying dues—until its final disposal. Using an existing public official like the District Magistrate ensures administrative capacity and accountability without needing a separate bureaucracy. This provision, carried forward from earlier procedural codes (with analogous provisions in the old Code of Criminal Procedure), gives the Central Government rule-making power to standardize how such properties are handled and eventually sold once forfeiture becomes final.

Common misconceptions
  • Myth: The District Magistrate can seize property on their own using this section.
    Fact: This section only applies after a court has already ordered seizure or forfeiture; the District Magistrate merely manages the property once appointed by the court.
  • Myth: The Administrator can sell the property whenever they wish.
    Fact: Disposal only happens under directions from the Central Government, and only once the property is forfeited to the Central Government.