Section 105A CrPC: Definitions

Code of Criminal Procedure, 1973

Section 105A CrPC at a Glance

Section 105A CrPC deals with definitions. From 1 July 2024 it is replaced by Section 111 BNSS.

Now BNSS

What Section 105A CrPC Says

105A. Definitions
In this Chapter, unless the context otherwise requires,—
(a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;
(b) “identifying” includes establishment of a proof that the property was derived from, or used in, the commission of an offence;
(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property;
(d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime;
(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property.

Source: Section 105A, Code of Criminal Procedure, 1973

Section 105A CrPC in Simple Words

Section 105A CrPC gives the meanings of contracting State, identifying, proceeds of crime, property and tracing in the Chapter, unless the context otherwise requires.

When Section 105A CrPC Applies

Section 105A(a) CrPC: a contracting State means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise.
Section 105A(b) CrPC: identifying includes establishment of a proof that the property was derived from, or used in, the commission of an offence.
Section 105A(c) CrPC: proceeds of crime means any property derived or obtained directly or indirectly, by any person as a result of criminal activity, including crime involving currency transfers, or the value of any such property.
Section 105A(d) CrPC: property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible, and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence, and includes property obtained through proceeds of crime.
Section 105A(e) CrPC: tracing means determining the nature, source, disposition, movement, title or ownership of property.

Example of Section 105A CrPC

Rajesh obtains money as a result of criminal activity and buys land with the money. The money is proceeds of crime under Section 105A(c) CrPC. The land is property obtained through proceeds of crime under Section 105A(d) CrPC. Determining the title or ownership of the land is tracing under Section 105A(e) CrPC. Establishment of a proof that the land was derived from an offence is identifying under Section 105A(b) CrPC.

When Section 105A CrPC Does Not Apply

Section 105A CrPC speaks of the meanings used in the Chapter. It does not deal with the meaning of a word in another Chapter of the Code.
Section 105A(e) CrPC speaks of tracing. It does not deal with the seizure or attachment of property.

Section 105A CrPC Under BNSS 111: What Changed

Section 105A CrPC is now covered under Section 111 BNSS.

Section 111 BNSS has the same heading and the same text as Section 105A CrPC, from 1 July 2024. The section number is the only difference.

View detailed comparison (CrPC 105A vs BNSS 111) →

FAQs on Section 105A CrPC

What is a contracting State under Section 105A CrPC?▼

A contracting State means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise.

What is proceeds of crime under Section 105A CrPC?▼

Proceeds of crime means any property derived or obtained directly or indirectly, by any person as a result of criminal activity, including crime involving currency transfers, or the value of any such property.

What are identifying and tracing under Section 105A CrPC?▼

Identifying includes establishment of a proof that the property was derived from, or used in, the commission of an offence. Tracing means determining the nature, source, disposition, movement, title or ownership of property.

Where is Section 105A CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 105A(a) CrPC is found in Section 111(a) BNSS, Section 105A(b) CrPC is found in Section 111(b) BNSS, Section 105A(c) CrPC is found in Section 111(c) BNSS, Section 105A(d) CrPC is found in Section 111(d) BNSS, Section 105A(e) CrPC is found in Section 111(e) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·