RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTYCentral

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.

Summary

The Court can appoint an Administrator to manage property that has been seized or forfeited.
The primary choice for Administrator is the District Magistrate of the area where the property is located.
The District Magistrate may also nominate another officer to perform these management duties.
Management must follow the specific rules and conditions set by the Central Government.
The Administrator is responsible for disposing of property that is forfeited to the Central Government.
Disposal of property must be done according to the directions of the Central Government.

Practical examples

1A hotel is seized because it was used for money laundering. Under Section 105F of the 1973 Code, the Court appoints the local District Magistrate as the Administrator to keep the business running and manage the staff until the case is over.

2A large amount of gold jewelry is forfeited to the government. The District Magistrate, acting as Administrator under Section 105F, receives orders from the Central Government to auction the jewelry and deposit the proceeds into the national treasury.

FAQ

1. Who can be appointed as an Administrator under Section 105F of the Code of Criminal Procedure, 1973?

According to Section 105F of the Code of Criminal Procedure, 1973, the Court may appoint the District Magistrate or any officer nominated by the District Magistrate.

2. Who sets the conditions for managing seized property under Section 105F of the 1973 Criminal Procedure Code?

Under Section 105F of the 1973 Criminal Procedure Code, property is managed in the manner and subject to conditions specified by the Central Government.

3. What is the Administrator's duty regarding forfeited property under Section 105F of The Code of Criminal Procedure, 1973?

Under Section 105F of The Code of Criminal Procedure, 1973, the Administrator must take measures to dispose of forfeited property as directed by the Central Government.

Test yourself

Q1.Under Section 105F of The Code of Criminal Procedure, 1973, property is managed after an order is made under which other sections?

Q2.Who is responsible for the disposal of forfeited property under Section 105F of the 1973 Code?

Q3.Whose conditions must the Administrator follow when managing property under Section 105F of The Code of Criminal Procedure, 1973?

Q4.If a District Magistrate cannot manage the property personally, what can they do under Section 105F of the 1973 Code?

105EPreviousSection 105E Seizure or attachment of property.105GNextSection 105G Notice of forfeiture of property.

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