Section 105J CrPC - Certain Transfers to Be Null and Void
Section 105J of the Code of Criminal Procedure, 1973 addressed transfers of property made after a seizure or attachment order or a forfeiture notice. The corresponding current provision is Section 122 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 105J CrPC - Statutory Provision
Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void.
Section 122 BNSS - Current Corresponding Law
Section 122 BNSS, titled Certain transfers to be null and void, carries forward the substance of Section 105J CrPC with updated cross-references.
Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void.
Meaning and Legal Effect
1. Events that trigger the restriction
The rule applies to property identified in an order under Section 117(1) BNSS (seizure or attachment of property), or in a notice issued under Section 119 BNSS (notice of forfeiture of property). Under the earlier CrPC, the corresponding provisions were Sections 105E(1) and 105G.
2. Transfers by any mode
The statutory words "transferred by any mode whatsoever" are broad. A sale, gift, assignment or other purported transfer after the relevant order or notice may be disregarded for the purposes of proceedings under this Chapter. The section does not make every property transfer generally void merely because criminal proceedings exist.
3. Consequence of subsequent forfeiture
If the identified property is subsequently forfeited to the Central Government under Section 120 BNSS (formerly Section 105H CrPC), the intervening transfer is deemed null and void. Until that forfeiture occurs, Section 122 directs that the transfer be ignored for the purposes of proceedings under the Chapter; the final statutory nullity is conditional on forfeiture.
Relevant Sections of CrPC and BNSS
| Earlier CrPC provision | Corresponding BNSS provision | Subject |
|---|---|---|
| Section 105E(1) | Section 117(1) | Seizure or attachment of property |
| Section 105G | Section 119 | Notice of forfeiture of property |
| Section 105H | Section 120 | Forfeiture of property in certain cases |
| Section 105I | Section 121 | Fine in lieu of forfeiture |
| Section 105J | Section 122 | Certain transfers to be null and void |
Illustration
Suppose a property is identified in a notice under Section 119 BNSS and is thereafter purportedly sold to another person. The sale cannot defeat the proceedings merely because ownership has been transferred. If the property is ultimately forfeited to the Central Government under Section 120, Section 122 treats the intervening sale as null and void. Whether a particular transaction is affected depends on the dates, identification of the property and applicable statutory proceedings.
Official Legislative References
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 - official BPR&D PDF and consult the India Code legislative database for statutory texts and amendments. For older cases, refer to the Code of Criminal Procedure, 1973 and the repeal and savings provisions under Section 531 BNSS.
Frequently Asked Questions
Is a transfer automatically void after a forfeiture notice?
The transfer is ignored for proceedings under the relevant Chapter. Under Section 122 BNSS, it is deemed null and void if the property is subsequently forfeited under Section 120.
Does Section 122 apply to gifts as well as sales?
Yes. Its wording covers transfers "by any mode whatsoever", subject to the statutory conditions.
Which provision replaced Section 105J CrPC?
Section 122 BNSS is the corresponding provision under the current criminal procedure legislation.
This article provides general legal information. The effect of any transaction depends on the relevant orders, notices, proceedings and applicable law.