सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 119

Notice of forfeiture of property

Why this exists

Forfeiture provisions like this trace back to earlier Indian laws dealing with ill-gotten wealth from crime, smuggling, and economic offences (such as the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act and provisions in the old Code of Criminal Procedure). The idea is that crime often leaves a trail of property or money, and the state should be able to take back assets built from criminal activity. But taking someone's property is a serious step, so the law builds in a safeguard: before any forfeiture, the person must be told exactly what is suspected and given a real chance to explain and defend themselves. This reflects the constitutional principle of natural justice—no deprivation of property without a fair hearing.

Common misconceptions
  • Myth: The court can seize suspected 'crime money' or property immediately without warning.
    Fact: The law requires the court to first issue a written notice and give the person 30 days to explain and present evidence before any forfeiture decision is made.
  • Myth: Only the main suspect needs to be informed about the forfeiture proceedings.
    Fact: If the suspected property is held by someone else on the suspect's behalf, that other person must also receive a copy of the notice.