Section 105D CrPC: Identifying unlawfully acquired property

Code of Criminal Procedure, 1973

Section 105D CrPC at a Glance

Section 105D CrPC deals with identifying unlawfully acquired property. From 1 July 2024 it is replaced by Section 116 BNSS.

Now BNSS

Section 116 →

What Section 105D CrPC Says

105D. Identifying unlawfully acquired property

(1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

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

Section 105D CrPC in Simple Words

Section 105D CrPC deals with the tracing and identifying of property. The Court shall direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

When Section 105D CrPC Applies

  • The Court shall, under Section 105D(1) CrPC, or on receipt of a letter of request under Section 105C(3) CrPC, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
  • The steps referred to in Section 105D(1) CrPC may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.
  • Any inquiry, investigation or survey referred to in Section 105D(2) CrPC shall be carried out by an officer mentioned in Section 105D(1) CrPC in accordance with such directions issued by the said Court in this behalf.

Example of Section 105D CrPC

On receipt of a letter of request under Section 105C(3) CrPC, the Court directs Sub-Inspector Anil to take all steps necessary for tracing and identifying the property. Anil carries out a survey in respect of documents and books of account in a bank, in accordance with the directions issued by the Court, under Section 105D(3) CrPC.

When Section 105D CrPC Does Not Apply

  • Section 105D CrPC speaks of a police officer not below the rank of Sub-Inspector of Police. It does not deal with a police officer below that rank.
  • Section 105D CrPC speaks of tracing and identifying property. It does not deal with the seizure or attachment of property.

Section 105D CrPC Under BNSS 116: What Changed

Section 105D CrPC is now covered under Section 116 BNSS.

Section 116 BNSS has the same heading and the same text as Section 105D CrPC, from 1 July 2024. Section 116(1) BNSS refers to Section 115(3) BNSS where Section 105D(1) CrPC referred to Section 105C(3) CrPC.

View detailed comparison (CrPC 105D vs BNSS 116) →

FAQs on Section 105D CrPC

Whom does the Court direct under Section 105D CrPC?▼

The Court shall direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

What may the steps under Section 105D CrPC include?▼

The steps may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

By whose directions is the inquiry, investigation or survey carried out under Section 105D CrPC?▼

It shall be carried out by the officer in accordance with such directions issued by the said Court in this behalf.

Where is Section 105D 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 105D(1) CrPC is found in Section 116(1) BNSS, Section 105D(2) CrPC is found in Section 116(2) BNSS, Section 105D(3) CrPC is found in Section 116(3) 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 ·