Section 105F CrPC - Management of Properties Seized or Forfeited
Section 105F of the Code of Criminal Procedure, 1973 dealt with the management of property seized or forfeited under the provisions contained in the relevant Chapter of the CrPC. It empowered the Court to appoint an Administrator for such property and provided for its receipt, management and, where applicable, disposal.
Section 105F of the Code of Criminal Procedure, 1973
(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 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.
Meaning and Scope of Section 105F CrPC
Section 105F provided the administrative mechanism for protecting and managing property after action had been taken against that property under the preceding provisions of the Code. The provision did not itself create the power to identify, seize, attach or forfeit property. Instead, it dealt primarily with the management of property that had already become subject to the relevant statutory process.
The provision therefore operated together with the other sections in the same statutory scheme, particularly Section 105D, Section 105E, Section 105G and Section 105H.
Who May Be Appointed as Administrator?
Under Section 105F(1), the Court could appoint the District Magistrate of the area where the property was situated as Administrator. The Court could also appoint another officer nominated by the District Magistrate.
The appointment was connected with the property concerned. The Administrator's statutory role was to take charge of and manage property falling within Section 105F rather than determine whether the property should originally be seized or forfeited.
Functions of the Administrator
- Receive property covered by an order under Section 105E(1) or Section 105H.
- Manage the property in accordance with the applicable statutory requirements.
- Comply with conditions specified by the Central Government.
- Take measures directed by the Central Government for disposal of property forfeited to the Central Government.
Relationship Between Sections 105E, 105F and 105H
Section 105E - Seizure or Attachment
Section 105E CrPC dealt with seizure or attachment where property under inquiry or investigation was considered likely to be concealed, transferred or otherwise dealt with in a manner resulting in its disposal.
Section 105F - Management
Section 105F supplied the next administrative mechanism by enabling an Administrator to receive and manage property covered by the statutory orders specified in the section.
Section 105H - Forfeiture
Section 105H CrPC dealt with forfeiture of property in the circumstances prescribed by that provision. Once property was forfeited to the Central Government, Section 105F(3) required the Administrator to take measures for its disposal as directed by the Central Government.
Important Points About Section 105F
- The power to appoint an Administrator belonged to the Court.
- The District Magistrate of the area where the property was situated could be appointed Administrator.
- An officer nominated by the District Magistrate could also be appointed.
- The Administrator was responsible for receiving and managing property covered by the orders referred to in Section 105F(2).
- Management was subject to the manner and conditions specified by the Central Government.
- Property forfeited to the Central Government could be disposed of through measures taken by the Administrator in accordance with Central Government directions.
Purpose of Section 105F CrPC
The practical purpose of Section 105F was to ensure that property subject to seizure, attachment or forfeiture proceedings was placed under responsible administration. A statutory mechanism for custody and management helps preserve property and provides an identified authority responsible for dealing with it while the relevant legal consequences of the orders are implemented.
CrPC and the Subsequent BNSS Framework
Section 105F belongs to the Code of Criminal Procedure, 1973. This page is maintained as a reference to the CrPC provision and its operation under the law applicable before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023.
For the current criminal procedure framework, readers may also refer to the website's Bharatiya Nagarik Suraksha Sanhita, 2023 resources. The applicable provision should always be determined with reference to the date and nature of the particular proceeding.