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