Bharatiya Nagarik Suraksha Sanhita, 2023
Section 118
Management of properties seized or forfeited under this Chapter
(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.
Why this exists
When property connected to an offence (such as proceeds of crime or property linked to an absconding accused) is seized or forfeited by a court, someone neutral and accountable needs to physically manage it—collecting rent, preventing damage, paying dues—until its final disposal. Using an existing public official like the District Magistrate ensures administrative capacity and accountability without needing a separate bureaucracy. This provision, carried forward from earlier procedural codes (with analogous provisions in the old Code of Criminal Procedure), gives the Central Government rule-making power to standardize how such properties are handled and eventually sold once forfeiture becomes final.
Common misconceptions
- Myth: The District Magistrate can seize property on their own using this section.
Fact: This section only applies after a court has already ordered seizure or forfeiture; the District Magistrate merely manages the property once appointed by the court. - Myth: The Administrator can sell the property whenever they wish.
Fact: Disposal only happens under directions from the Central Government, and only once the property is forfeited to the Central Government.