BNSS §120
property in certain cases. 18 of 2013.
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Comparison
105J. Certain transfers to be null and void.—Where after the making of an order under sub- section
(1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void.
120.
(1) The Court may, after considering the explanation, if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.
(2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1).
(3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances.
(4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 2013 or the Articles of Association of the company, forthwith register the Central Government as the transferee of such shares.
What changedAI-inferred
Notice of forfeiture of property.
Old position
CrPC 105J is concerned with Certain transfers to be null and void. Certain transfers to be null and void
New position
BNSS 120 preserves the framework with drafting modernisations as required by the new code. Topic: property in certain cases. 18 of 2013.. The Court may, after considering the explanation, if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any
BNSS 120 (property in certain cases. 18 of 2013.) preserves the framework of CrPC 105J. BNSS 120 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 120 text: The Court may, after considering the...
Editorial deltaAI-indicated (source-linked)
BNSS 120 (property in certain cases. 18 of 2013.) preserves the framework of CrPC 105J. BNSS 120 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 120 text: The Court may, after considering the explanation, if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 105J continues to apply. For matters from that date forward, BNSS 120 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 120 (property in certain cases. 18 of 2013.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §105J → BNSS §120 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/120.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.