IPC 61 vs BNS 61 – Forfeiture of Property in Criminal Law
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 61
Sentence of forfeiture of property
About IPC Section
Section 61 of the Indian Penal Code, 1860, provided for the punishment of forfeiture of property. Under this provision, certain offenses could result in the offender being deprived of his property as part of the punishment, in addition to imprisonment or other penalties.
Forfeiture was originally introduced as a colonial-era punishment aimed at financially crippling offenders and deterring them from committing crimes against the State. However, over time, this punishment was criticized for being excessive, harsh, and inconsistent with modern principles of criminal justice. It often caused undue hardship to the families of convicts who were not directly involved in the offense.
The provision gradually lost relevance, especially after the Abolition of Forfeiture Act, 1921, which removed forfeiture of property as a general punishment under Indian law. Despite its repeal in practice, IPC 61 remained a part of the Penal Code textually, though it was effectively redundant.
Thus, IPC 61 symbolizes an outdated form of punishment that no longer aligned with evolving human rights standards and modern sentencing policies.
Section: BNS 61
No corresponding section
About BNS Section
The Bharatiya Nyaya Sanhita (BNS), 2023, does not contain any provision equivalent to IPC 61. The punishment of forfeiture of property has been completely removed from modern Indian criminal law.
By omitting this section, the BNS reflects the legislative intent to update and modernize criminal law by eliminating archaic and colonial-era punishments. Today, punishment is designed to ensure justice, deterrence, and rehabilitation rather than blanket financial penalties that harm families unrelated to the crime.
The removal of IPC 61 from the BNS is consistent with earlier reforms like the Abolition of Forfeiture Act, 1921, which had already limited the application of forfeiture as a punishment. Now, forfeiture of property is not a general penalty but can only be ordered under specific laws (for example, laws related to smuggling, money laundering, or terrorism).
Therefore, the absence of BNS 61 marks a deliberate modernization of criminal law. It eliminates obsolete provisions and focuses on punishments that are fair, proportionate, and aligned with constitutional values.