Section 61 is still a valid law that lets Indian courts seize a convict's property.

It was repealed in 1921 and has had no legal effect for over a century.

The repeal means forfeiture of property is never used in Indian law today.

Other specific laws (like anti-corruption or narcotics statutes) may still provide for forfeiture of property in particular contexts; only this general IPC provision was removed.

Indian Penal Code, 1860

Section 61

repealed

Sentence of forfeiture of property.

Repealed by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921), S. 4.§

Why this exists

Section 61 originally allowed courts to punish certain offenders by forfeiting (taking away) their property, a penalty inherited from earlier colonial-era criminal law traditions where property forfeiture was a recognized punishment alongside fines and imprisonment. As criminal law evolved, forfeiture of property as a standalone punishment was seen as harsh, difficult to administer fairly, and inconsistent with modern penal philosophy focused on imprisonment and fines. The Indian Penal Code (Amendment) Act, 1921 removed this and related forfeiture provisions, streamlining the punishment framework under the IPC.

Common misconceptions

Myth: Section 61 is still a valid law that lets Indian courts seize a convict's property.
Fact: It was repealed in 1921 and has had no legal effect for over a century.
Myth: The repeal means forfeiture of property is never used in Indian law today.
Fact: Other specific laws (like anti-corruption or narcotics statutes) may still provide for forfeiture of property in particular contexts; only this general IPC provision was removed.