Management of properties seized or forfeited under this Chapter
Section 105F of the Code of Criminal Procedure, 1973 deals with management of properties seized or forfeited under this Chapter. 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 subsection (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.
105G
Section 105F, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 118 Management of properties seized or forfeited under this Chapter Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajesh Natwarlal Bangawala vs C.b.i.b.s and F.c.
Court's Decision & Legal Precedent
In criminal cases involving alleged fraud and siphoning of funds, while courts have authority under Chapter VII-A of the Criminal Procedure Code to attach and seize property to prevent dissipation of proceeds, such seizure must be preceded by or accompanied by notice to the accused enabling him to provide explanation regarding the source of income and assets. The correct terminology for interim asset protection is 'seizure' rather than 'forfeiture', and procedural compliance with Sections 105C to 105G is mandatory. However, if the lower court has already directed the investigating officer to issue notice and submit a report, there is substantial compliance with procedural requirements, and the appellate court may modify the order to correct terminology while upholding the substance of asset protection.
On this section: Forfeiture of attached property - provides for forfeiture after conviction
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Central Bureau of Investigation vs Rajesh Natwarlal Bangawala
Court's Decision & Legal Precedent
In criminal cases involving attachment and forfeiture of property under Chapter VII-A of the Criminal Procedure Code (Sections 105C to 105G), the court must: (1) Use the correct legal terminology - 'seizure' for interim orders and 'forfeiture' for final orders; (2) Provide notice to the accused before passing an attachment/forfeiture order; (3) Give the accused an opportunity to explain the source of income and earning of the assets; (4) Ensure compliance with the procedural safeguards laid down in Sections 105C to 105G; and (5) Direct the investigating officer to issue notice and obtain explanation from the accused before final forfeiture orders are passed.
On this section: Return of attached property
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 105F
What have the courts held on Section 105F of the Code of Criminal Procedure?
Rajesh Natwarlal Bangawala vs C.b.i.b.s and F.c. (19 Nov 2018) is the leading judgment on this section among those set out below: Forfeiture of attached property - provides for forfeiture after conviction. Another 1 judgment on this section is set out below.
How do I find court cases under Section 105F of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 105F, section 105F CRPC, section 105F of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rajesh Natwarlal Bangawala vs C.b.i.b.s and F.c. (19 Nov 2018).
What should I read with Section 105F of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 105E (Seizure or attachment of property), section 105H (Forfeiture of property in certain cases), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 118 (Management of properties seized or forfeited under this Chapter), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 105F of the Code of Criminal Procedure come into force?
Section 105F of the Code of Criminal Procedure, cited as CRPC 105F, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.