Section 118 BNSS: Management of properties seized or forfeited under this Chapter (Formerly Section 105F CrPC)

Section 118 of Bharatiya Nagarik Suraksha Sanhita, 2023: Management of properties seized or forfeited under this Chapter

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 sub-section (1) of section 117 or under section 120 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 118

Section 118 regulates the management of properties seized or forfeited under this Chapter, empowering the court or District Magistrate to appoint an Administrator to manage the attached assets.

Appointment of Administrator: Court or DM appoints an Administrator (e.g., revenue officer or receiver).
Custody & Management: Receiving rents, maintaining agricultural land, running business enterprises, and preventing waste.
Fiduciary Accounting: Strict duty to maintain audited accounts of all income and disbursements.

Key Landmark Precedents:

Desh Bandhu Gupta v. N.L. Anand (1994) 1 SCC 131: The Supreme Court noted that court receivers and administrators stand in a fiduciary position to preserve asset value during pending litigation.
State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed the duty of administrators to prevent deterioration of attached agricultural crops or commercial stock.

Courtroom Practice & Strategic Litigation Guidance:

If the administrator neglects attached livestock, factory machinery, or crops causing heavy financial loss, move the court under Section 118 for directions or replacement of the administrator.