Section 121 of BNSS : Section 121: Fine in lieu of forfeiture.

Explanation using Example

Example 1:

Scenario: Rajesh is a businessman who has been under investigation for financial fraud. During the investigation, the court finds that Rajesh owns several properties. The court declares that one of his properties, a luxury apartment in Mumbai, is to be forfeited to the Central Government under Section 120 of The Bharatiya Nagarik Suraksha Sanhita 2023 because the source of funds for purchasing this property is not satisfactorily proven.

Application of Section 121:

• The court determines that only 50% of the funds used to purchase the apartment are unaccounted for.
• Instead of forfeiting the entire property, the court gives Rajesh an option to pay a fine equivalent to the market value of the unaccounted 50% of the property.
• Rajesh is given a reasonable opportunity to present his case and be heard before the fine is imposed.
• Rajesh agrees to pay the fine within the stipulated time.
• Upon payment of the fine, the court revokes the declaration of forfeiture, and the property is released back to Rajesh.

Example 2:

Scenario: Priya is a government official who has been accused of accumulating wealth disproportionate to her known sources of income. The court investigates and finds that Priya owns a farmhouse in Goa. The court declares the farmhouse forfeited to the Central Government under Section 120 because Priya cannot satisfactorily explain the source of funds for the entire property.

Application of Section 121:

• The court finds that Priya can account for 70% of the funds used to purchase the farmhouse, but the remaining 30% is unexplained.
• The court offers Priya the option to pay a fine equal to the market value of the unexplained 30% of the property instead of forfeiting the entire farmhouse.
• Priya is given a chance to be heard and present any additional evidence before the fine is imposed.
• Priya decides to pay the fine within the allowed time frame.
• After Priya pays the fine, the court revokes the forfeiture declaration, and the farmhouse is released back to her.

Example 3:

Scenario: Anil is a real estate developer who is under investigation for money laundering. The court finds that Anil owns a commercial building in Delhi. The court declares the building forfeited to the Central Government under Section 120 because Anil cannot satisfactorily explain the source of funds for the entire property.

Application of Section 121:

• The court finds that Anil can account for 60% of the funds used to purchase the building, but the remaining 40% is unexplained.
• The court offers Anil the option to pay a fine equal to the market value of the unexplained 40% of the property instead of forfeiting the entire building.
• Anil is given a chance to be heard and present any additional evidence before the fine is imposed.
• Anil decides to pay the fine within the allowed time frame.
• After Anil pays the fine, the court revokes the forfeiture declaration, and the building is released back to him.