Section 105J CrPC: Certain transfers to be null and void

Code of Criminal Procedure, 1973

Section 105J CrPC at a Glance

Section 105J CrPC deals with certain transfers to be null and void. From 1 July 2024 it is replaced by Section 122 BNSS.

Now BNSS

Section 122 →

What Section 105J CrPC Says

105J. Certain transfers to be null and void

Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void.

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

Section 105J CrPC in Simple Words

Section 105J of the Code of Criminal Procedure, 1973 deals with certain transfers to be null and void. It applies where, after the making of an order under Section 105E(1) CrPC or the issue of a notice under Section 105G CrPC, any property referred to in the said order or notice is transferred by any mode whatsoever.

Such transfers shall, for the purposes of the proceedings under the Chapter, be ignored. If such property is subsequently forfeited to the Central Government under Section 105H CrPC, the transfer of such property shall be deemed to be null and void.

When Section 105J CrPC Applies

  • Section 105J CrPC applies after the making of an order under Section 105E(1) CrPC or the issue of a notice under Section 105G CrPC.
  • It applies to any property referred to in the said order or notice that is transferred by any mode whatsoever.
  • Such transfers shall, for the purposes of the proceedings under the Chapter, be ignored.
  • If such property is subsequently forfeited to the Central Government under Section 105H CrPC, the transfer of such property shall be deemed to be null and void.

Example of Section 105J CrPC

An order is made under Section 105E(1) CrPC in respect of a plot of land. After the order is made, Rakesh transfers the plot to Sunil by sale. For the purposes of the proceedings under the Chapter, the transfer is ignored. If the plot is subsequently forfeited to the Central Government under Section 105H CrPC, the transfer of the plot shall be deemed to be null and void.

When Section 105J CrPC Does Not Apply

  • Section 105J CrPC speaks of a transfer of property referred to in an order or notice. It does not deal with the fine payable in lieu of forfeiture, which is the subject of Section 105I CrPC.
  • Section 105J CrPC speaks of the transfer of such property being deemed null and void when the property is forfeited. It does not deal with the management of properties seized or forfeited under the Chapter, which is the subject of Section 105F CrPC.

Section 105J CrPC Under BNSS 122: What Changed

Section 105J CrPC is now covered under Section 122 BNSS.

Section 122 BNSS has the same heading and the same text as Section 105J CrPC. Section 122 BNSS refers to Section 117(1) BNSS, Section 119 BNSS and Section 120 BNSS where Section 105J CrPC referred to Section 105E(1) CrPC, Section 105G CrPC and Section 105H CrPC.

View detailed comparison (CrPC 105J vs BNSS 122) →

FAQs on Section 105J CrPC

When are transfers ignored under Section 105J CrPC?▼

Where after the making of an order under Section 105E(1) CrPC or the issue of a notice under Section 105G CrPC, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfers shall, for the purposes of the proceedings under the Chapter, be ignored.

When is a transfer deemed null and void under Section 105J CrPC?▼

If such property is subsequently forfeited to the Central Government under Section 105H CrPC, the transfer of such property shall be deemed to be null and void.

What kinds of transfer does Section 105J CrPC cover?▼

Section 105J CrPC covers a transfer of the property by any mode whatsoever.

Where is Section 105J CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 105J CrPC has no sub-sections, and maps as a whole to Section 122 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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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 ·