Section 105I CrPC: Fine in lieu of forfeiture
Code of Criminal Procedure, 1973
Section 105I CrPC at a Glance
Section 105I CrPC deals with fine in lieu of forfeiture. From 1 July 2024 it is replaced by Section 121 BNSS.
What Section 105I CrPC Says
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.
Source: Section 105I, Code of Criminal Procedure, 1973
Section 105I CrPC in Simple Words
Section 105I of the Code of Criminal Procedure, 1973 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 105H CrPC 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 105H CrPC and thereupon such property shall stand released.
When Section 105I CrPC Applies
- 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.
- 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 105I(2) CrPC, the person affected shall be given a reasonable opportunity of being heard before the order imposing the fine is made.
- 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.
Time Limits Under Section 105I CrPC
- 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”
Example of Section 105I CrPC
When Section 105I CrPC Does Not Apply
- Section 105I(1) CrPC 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 105G CrPC.
- Section 105I(3) CrPC 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 105F CrPC.
Section 105I CrPC Under BNSS 121: What Changed
Section 105I CrPC is now covered under Section 121 BNSS.
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.
View detailed comparison (CrPC 105I vs BNSS 121) →FAQs on Section 105I CrPC
When does the Court give an option to pay a fine under Section 105I CrPC?▼
Under Section 105I(1) CrPC, 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, 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 105I CrPC?▼
Under Section 105I(2) CrPC, before making an order imposing a fine under Section 105I(1) CrPC, 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 105I CrPC?▼
Under Section 105I(3) CrPC, where the person affected pays the fine due under Section 105I(1) CrPC within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under Section 105H CrPC and thereupon such property shall stand released.
Where is Section 105I CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
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. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·