Indian Penal Code, 1860
Section 62
repealedForfeiture of property, in respect of offenders punishable with death, transportation or imprisonment.
Repealed by S. 4 ibid.
Why this exists
Section 62 originally allowed courts to order forfeiture of a convict's property as an additional punishment for serious offences (those punishable with death, transportation, or imprisonment). This idea came from older British criminal law traditions where property forfeiture was a common penal tool. As Indian criminal law evolved, lawmakers decided that forfeiture of property as a general punishment was harsh, outdated, and inconsistent with modern criminal justice principles, so it was repealed through an amendment (via Section 4 of the repealing Act).
Common misconceptions
- Myth: Section 62 IPC can still be used to seize a convict's property today.
Fact: Section 62 was repealed long ago and has no legal force; courts cannot rely on it for any purpose.