Section 105C CrPC: Assistance in relation to orders of attachment or forfeiture of property
Code of Criminal Procedure, 1973
Section 105C CrPC at a Glance
Section 105C CrPC deals with assistance in relation to orders of attachment or forfeiture of property. From 1 July 2024 it is replaced by Section 115 BNSS.
What Section 105C CrPC Says
105C. Assistance in relation to orders of attachment or forfeiture of property
(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 105D to 105J (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 105D to 105J (both inclusive) or, as the case may be, any other law for the time being in force.
Source: Section 105C, Code of Criminal Procedure, 1973
Section 105C CrPC in Simple Words
Section 105C CrPC 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 105D to 105J, both inclusive.
Section 105C(2) CrPC and Section 105C(3) CrPC deal with a letter of request to or from a contracting State.
When Section 105C CrPC 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 105D to 105J, both inclusive.
- Where the Court has made an order for attachment or forfeiture under Section 105C(1) CrPC 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 105D to 105J, both inclusive, or, as the case may be, any other law for the time being in force.
Example of Section 105C CrPC
When Section 105C CrPC Does Not Apply
- Section 105C CrPC 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 105C(2) CrPC 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 105C CrPC Under BNSS 115: What Changed
Section 105C CrPC is now covered under Section 115 BNSS.
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.
View detailed comparison (CrPC 105C vs BNSS 115) →FAQs on Section 105C CrPC
When may a Court in India make an order of attachment or forfeiture under Section 105C CrPC?▼
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 105D to 105J, both inclusive.
What may the Court do under Section 105C CrPC 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 105C CrPC?▼
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 105D to 105J, both inclusive, or, as the case may be, any other law for the time being in force.
Where is Section 105C 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 105C(1) CrPC is found in Section 115(1) BNSS, Section 105C(2) CrPC is found in Section 115(2) BNSS, Section 105C(3) CrPC is found in Section 115(3) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·