CrPC 105I→BNSS 121

CrPC 105I to BNSS 121: Fine in lieu of forfeiture

Section 105I CrPC (1973) replaced by Section 121 BNSS (2023)

View CrPC Section 105I →View BNSS Section 121 →

CrPC 105I to BNSS 121 at a Glance

Section 105I CrPC (Fine in lieu of forfeiture) is now Section 121 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 105I to BNSS 121?

Section 121 BNSS has the same heading and the same text as Section 105I CrPC. Section 121(1) BNSS and Section 121(3) BNSS refer to Section 120 BNSS where Section 105I(1) CrPC and Section 105I(3) CrPC referred to Section 105H CrPC.

CrPC 105I vs BNSS 121: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section105I121
HeadingFine in lieu of forfeitureSame
Sub-sections3 sub-sectionsSame
Cross-referencess.105Hs.120

CrPC 105I and BNSS 121: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 105I, CrPC 1973

105I. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105H and thereupon such property shall stand released.
BNSS 2023 (in force)

Section 121, BNSS 2023

121. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released.

When It Applies: CrPC 105I vs BNSS 121

Under CrPC 105I
  1. Section 105I(1) CrPC applies where the Court makes a declaration that any property stands forfeited to the Central Government under Section 105H CrPC and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court.
  2. In that case the Court shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
  3. Under Section 105I(2) CrPC, the person affected shall be given a reasonable opportunity of being heard before the order imposing the fine is made.
  4. Under Section 105I(3) CrPC, the Court may, by order, revoke the declaration of forfeiture under Section 105H CrPC where the person affected pays the fine within such time as may be allowed in that behalf.
Under BNSS 121
  1. Section 121(1) BNSS applies where the Court makes a declaration that any property stands forfeited to the Central Government under Section 120 BNSS and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court.
  2. In that case the Court shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
  3. Under Section 121(2) BNSS, the person affected shall be given a reasonable opportunity of being heard before the order imposing the fine is made.
  4. Under Section 121(3) BNSS, the Court may, by order, revoke the declaration of forfeiture under Section 120 BNSS where the person affected pays the fine within such time as may be allowed in that behalf.

Time Limits: CrPC 105I to BNSS 121

Under CrPC 105I
  • Section 105I(3) CrPC refers to payment of the fine within such time as may be allowed in that behalf.Act text: “within such time as may be allowed in that behalf”
Under BNSS 121
  • Section 121(3) BNSS refers to payment of the fine within such time as may be allowed in that behalf.Act text: “within such time as may be allowed in that behalf”

What CrPC 105I to BNSS 121 Means in Practice

Section 105I(1) CrPC is found in Section 121(1) BNSS, Section 105I(2) CrPC in Section 121(2) BNSS and Section 105I(3) CrPC in Section 121(3) BNSS. All provide for an option to pay a fine equal to the market value of the part whose source has not been proved, in lieu of forfeiture, and for revocation of the declaration of forfeiture on payment of the fine.

FAQs: CrPC 105I to BNSS 121

Where is Section 105I CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 105I CrPC is found in Section 121 BNSS. Section 105I(1) CrPC is found in Section 121(1) BNSS, Section 105I(2) CrPC in Section 121(2) BNSS and Section 105I(3) CrPC in Section 121(3) BNSS.

Is the text of Section 121 BNSS the same as Section 105I CrPC?▼

Section 121 BNSS has the same heading and the same text as Section 105I CrPC, except that Section 121(1) BNSS and Section 121(3) BNSS refer to Section 120 BNSS where Section 105I(1) CrPC and Section 105I(3) CrPC referred to Section 105H CrPC.

Which section do Section 121(1) BNSS and Section 121(3) BNSS refer to?▼

Section 121(1) BNSS and Section 121(3) BNSS refer to Section 120 BNSS. Section 105I(1) CrPC and Section 105I(3) CrPC referred to Section 105H CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·