CrPC 105E to BNSS 117: Seizure or attachment of property
Section 105E CrPC (1973) replaced by Section 117 BNSS (2023)
CrPC 105E to BNSS 117 at a Glance
Section 105E CrPC (Seizure or attachment of property) is now Section 117 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 105E to BNSS 117?
Section 117 BNSS has the same heading and the same text as Section 105E CrPC, from 1 July 2024. Section 117(1) BNSS refers to Section 116 BNSS where Section 105E(1) CrPC referred to Section 105D CrPC.
CrPC 105E vs BNSS 117: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 105E | 117 |
| Heading | Seizure or attachment of property | Same |
| Sub-sections | 2 sub-sections | Same |
| Cross-references | s.105D | s.116 |
CrPC 105E and BNSS 117: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 105E, CrPC 1973
105E. Seizure or attachment of property.—(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.
BNSS 2023 (in force)
Section 117, BNSS 2023
117. Seizure or attachment of property.—(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.
When It Applies: CrPC 105E vs BNSS 117
Under CrPC 105E
- An officer conducting an inquiry or investigation under Section 105D CrPC who has a reason to believe that any property in relation to which the inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property may make an order for seizing the property.
- Where it is not practicable to seize the property, the officer may make an order of attachment directing that the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making the order.
- A copy of the order shall be served on the person concerned.
- An order made under Section 105E(1) CrPC shall have no effect unless the said order is confirmed by an order of the said Court.
Under BNSS 117
- An officer conducting an inquiry or investigation under Section 116 BNSS who has a reason to believe that any property in relation to which the inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property may make an order for seizing the property.
- Where it is not practicable to seize the property, the officer may make an order of attachment directing that the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making the order.
- A copy of the order shall be served on the person concerned.
- An order made under Section 117(1) BNSS shall have no effect unless the said order is confirmed by an order of the said Court.
Time Limits: CrPC 105E to BNSS 117
Under CrPC 105E
- The order shall be confirmed within a period of thirty days of its being made.Act text: “within a period of thirty days of its being made”
Under BNSS 117
- The order shall be confirmed within a period of thirty days of its being made.Act text: “within a period of thirty days of its being made”
What CrPC 105E to BNSS 117 Means in Practice
The text of Section 105E CrPC is found in Section 117 BNSS from 1 July 2024. The wording is the same, apart from the renumbered cross-references.
FAQs: CrPC 105E to BNSS 117
Did the text of Section 105E CrPC change in Section 117 BNSS?▼
Section 117 BNSS has the same heading and the same text as Section 105E CrPC. The differences are set out in the changes above.
Which sub-sections of Section 117 BNSS match Section 105E CrPC?▼
Section 105E(1) CrPC is found in Section 117(1) BNSS. Section 105E(2) CrPC is found in Section 117(2) BNSS.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·