Section 105F CrPC: Management of Properties Seized or Forfeited - Section 118 BNSS
Section 105F of the Code of Criminal Procedure, 1973 provides for the appointment of an administrator to manage property seized or forfeited under Chapter VIIA. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 118.
Text of Section 105F CrPC, 1973
Management of properties seized or forfeited under this Chapter
(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 105E or under section 105H in such manner and subject to such conditions as may be specified by the Central Government.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.
Corresponding law: Section 118 BNSS, 2023
Section 118 of the BNSS is titled Management of properties seized or forfeited under this Chapter. It preserves the three-part framework of the earlier provision:
Section 118(1): Appointment of administrator
The Court may appoint the District Magistrate having territorial jurisdiction over the property, or an officer nominated by that District Magistrate, as administrator. The provision authorises an appointment by the Court; it does not automatically appoint every District Magistrate as administrator.
Section 118(2): Receipt and management of property
The administrator receives and manages property covered by an order under Section 117(1) BNSS (seizure or attachment of property) or Section 120 BNSS (forfeiture of property in certain cases). Management is subject to the manner and conditions specified by the Central Government.
Section 118(3): Disposal of forfeited property
The administrator must take measures directed by the Central Government for disposal of property forfeited to the Central Government. Management of property under an interim seizure or attachment order should not be confused with a final forfeiture and disposal decision.
How does property management work?
Section 105F CrPC and Section 118 BNSS address custody and administration of property after a relevant seizure, attachment or forfeiture order. The administrator's authority flows from the Court's appointment and the applicable statutory framework; the provision does not itself create an independent power to declare property forfeited.
Under the BNSS, Section 117 deals with seizure or attachment, including confirmation by the Court within 30 days for an order under Section 117(1). Section 119 addresses notice of forfeiture, and Section 120 governs forfeiture in certain cases. These safeguards and stages should be considered separately from the management function under Section 118.
Important related provisions
Section 105E CrPC - Seizure or attachment of property corresponds to Section 117 BNSS. Section 105G CrPC - Notice of forfeiture corresponds to Section 119 BNSS. Section 105H CrPC - Forfeiture of property corresponds to Section 120 BNSS.
Official statutory reference
For the current enactment, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 - official government-hosted text (PDF). The India Code legislative database is also available for checking enactments and amendments. The interpretation and applicability of these provisions depend on the facts and procedural stage of each case.
Frequently asked questions
What is Section 105F CrPC?
It authorises a Court to appoint the local District Magistrate or an officer nominated by the District Magistrate to administer property seized or forfeited under the relevant chapter of the CrPC.
What is the equivalent of Section 105F CrPC in the BNSS?
Section 118 BNSS, 2023, which refers to Sections 117 and 120 in place of the older CrPC references to Sections 105E and 105H.
Can an administrator sell attached property immediately?
Section 118 does not confer an unrestricted right to sell attached property. Disposal under sub-section (3) concerns property forfeited to the Central Government and is subject to the Central Government's directions and the applicable legal procedure.
Legal information only. Consult the applicable statutory text and relevant court orders before relying on this article in a specific proceeding.