Section 121 BNSS: Fine in lieu of forfeiture

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 121 BNSS at a Glance

Section 121 BNSS deals with fine in lieu of forfeiture. It replaced Section 105I CrPC on 1 July 2024.

Was CrPC

Section 105I →

Section 121 BNSS Bare Act Text

(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.

Source: Section 121, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 121 BNSS in Simple Words

Section 121 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a fine in lieu of forfeiture. It applies where the Court makes a declaration that any property stands forfeited to the Central Government under Section 120 BNSS and the source of only a part of such property has not been proved to the satisfaction of the Court.

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. Before making an order imposing the fine, the person affected shall be given a reasonable opportunity of being heard.

Where the person affected pays the fine within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under Section 120 BNSS and thereupon such property shall stand released.

When Section 121 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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 Under Section 121 BNSS

  • 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”

Example of Section 121 BNSS

The Court makes a declaration under Section 120 BNSS that a house stands forfeited to the Central Government, and the source of only a part of the house has not been proved to the satisfaction of the Court. After giving Neha a reasonable opportunity of being heard, the Court makes an order under Section 121(1) BNSS giving Neha an option to pay, in lieu of forfeiture, a fine equal to the market value of that part. Neha pays the fine within such time as may be allowed, and under Section 121(3) BNSS the Court may, by order, revoke the declaration of forfeiture under Section 120 BNSS. Thereupon the house shall stand released.

When Section 121 BNSS Does Not Apply

  • Section 121(1) BNSS speaks of a case where the source of only a part of the property has not been proved to the satisfaction of the Court. It does not deal with the notice calling upon the person affected to show cause, which is the subject of Section 119 BNSS.
  • Section 121(3) BNSS speaks of revoking the declaration of forfeiture when the fine is paid. It does not deal with the management of properties seized or forfeited under the Chapter, which is the subject of Section 118 BNSS.

Section 121 BNSS in the CrPC (Previous Law)

Section 121 BNSS replaced Section 105I CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 121 BNSS

When does the Court give an option to pay a fine under Section 121 BNSS?▼

Under Section 121(1) BNSS, 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, 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.

What must happen before an order imposing a fine is made under Section 121 BNSS?▼

Under Section 121(2) BNSS, before making an order imposing a fine under Section 121(1) BNSS, the person affected shall be given a reasonable opportunity of being heard.

What may the Court do if the person affected pays the fine under Section 121 BNSS?▼

Under Section 121(3) BNSS, where the person affected pays the fine due under Section 121(1) BNSS within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under Section 120 BNSS and thereupon such property shall stand released.

What changed from Section 105I CrPC to Section 121 BNSS from 1 July 2024?▼

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.

Section 121 BNSS: Sub-sections Explained

Section 121(1) BNSS: Fine in lieu of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 105I → Section 121(1) BNSS

Section 121(2) BNSS: Fine in lieu of forfeiture

▶

Bare Act Text

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.

Previous Law

CrPC 105I(2) → Section 121(2) BNSS

Section 121(3) BNSS: Fine in lieu of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 105I(3) → Section 121(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·