Section 115 BNSS: Assistance in relation to orders of attachment or forfeiture of property
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 115 BNSS at a Glance
Section 115 BNSS deals with assistance in relation to orders of attachment or forfeiture of property. It replaced Section 105C CrPC on 1 July 2024.
Section 115 BNSS Bare Act Text
(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).
(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order.
(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.
Source: Section 115, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 115 BNSS in Simple Words
Section 115 BNSS deals with orders of attachment or forfeiture of property.
A Court in India that has reasonable grounds to believe that property is derived or obtained, directly or indirectly, from the commission of an offence may make an order of attachment or forfeiture under Sections 116 to 122, both inclusive.
Section 115(2) BNSS and Section 115(3) BNSS deal with a letter of request to or from a contracting State.
When Section 115 BNSS Applies
- Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of the property, as it may deem fit under Sections 116 to 122, both inclusive.
- Where the Court has made an order for attachment or forfeiture under Section 115(1) BNSS and the property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of the order.
- Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, the Central Government may forward the letter of request to the Court, as it thinks fit, for execution in accordance with Sections 116 to 122, both inclusive, or, as the case may be, any other law for the time being in force.
Example of Section 115 BNSS
When Section 115 BNSS Does Not Apply
- Section 115 BNSS speaks of orders of attachment or forfeiture and letters of request. It does not deal with the management of properties seized or forfeited under the Chapter.
- Section 115(2) BNSS speaks of property suspected to be in a contracting State. It does not deal with property suspected to be in a country or place that is not a contracting State.
Section 115 BNSS in the CrPC (Previous Law)
Section 115 BNSS replaced Section 105C CrPC from 1 July 2024.
Section 115 BNSS has the same heading and the same text as Section 105C CrPC, from 1 July 2024. Section 115(1) BNSS reads Sections 116 to 122 where Section 105C(1) CrPC read Sections 105D to 105J. Section 115(3) BNSS reads Sections 116 to 122 where Section 105C(3) CrPC read Sections 105D to 105J.
Each sub-section below names its own source.
FAQs on Section 115 BNSS
When may a Court in India make an order of attachment or forfeiture under Section 115 BNSS?▼
Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of the property, as it may deem fit under Sections 116 to 122, both inclusive.
What may the Court do under Section 115 BNSS if the property is suspected to be in a contracting State?▼
The Court may issue a letter of request to a Court or an authority in the contracting State for execution of the order of attachment or forfeiture.
What may the Central Government do with a letter of request under Section 115 BNSS?▼
Where a letter of request is received from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, the Central Government may forward the letter of request to the Court, as it thinks fit, for execution in accordance with Sections 116 to 122, both inclusive, or, as the case may be, any other law for the time being in force.
What changed from Section 105C CrPC to Section 115 BNSS from 1 July 2024?▼
Section 115 BNSS has the same heading and the same text as Section 105C CrPC. Section 115(1) BNSS reads Sections 116 to 122 where Section 105C(1) CrPC read Sections 105D to 105J. Section 115(3) BNSS reads Sections 116 to 122 where Section 105C(3) CrPC read Sections 105D to 105J.
Section 115 BNSS: Sub-sections Explained
Section 115(1) BNSS: Assistance in relation to orders of attachment or forfeiture of property
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Bare Act Text
(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).
Section 115(2) BNSS: Assistance in relation to orders of attachment or forfeiture of property
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Bare Act Text
(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order.
Previous Law
CrPC 105C(2) → Section 115(2) BNSS
Section 115(3) BNSS: Assistance in relation to orders of attachment or forfeiture of property
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Bare Act Text
(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.
Previous Law
CrPC 105C(3) → Section 115(3) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·