Section 105E CrPC: Seizure or attachment of property

Code of Criminal Procedure, 1973

Section 105E CrPC at a Glance

Section 105E CrPC deals with seizure or attachment of property. From 1 July 2024 it is replaced by Section 117 BNSS.

Now BNSS

Section 117 →

What Section 105E CrPC Says

105E. Seizure or attachment of property

(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

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

Section 105E CrPC in Simple Words

Section 105E CrPC deals with the seizure or attachment of property by an officer conducting an inquiry or investigation under Section 105D CrPC. An order made under Section 105E(1) CrPC shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

When Section 105E CrPC Applies

  • An officer conducting an inquiry or investigation under Section 105D CrPC who has a reason to believe that any property in relation to which the inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property may make an order for seizing the property.
  • Where it is not practicable to seize the property, the officer may make an order of attachment directing that the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making the order.
  • A copy of the order shall be served on the person concerned.
  • An order made under Section 105E(1) CrPC shall have no effect unless the said order is confirmed by an order of the said Court.

Time Limits Under Section 105E CrPC

  • The order shall be confirmed within a period of thirty days of its being made.Act text: “within a period of thirty days of its being made”

Example of Section 105E CrPC

Anil is an officer conducting an inquiry under Section 105D CrPC. Anil has a reason to believe that a plot, in relation to which the inquiry is being conducted, is likely to be transferred in a manner which will result in disposal of the plot. It is not practicable to seize the plot, so Anil makes an order of attachment directing that the plot shall not be transferred or otherwise dealt with, except with the prior permission of Anil. A copy of the order is served on the person concerned. Under Section 105E(2) CrPC, the order has no effect unless the order is confirmed by an order of the Court within a period of thirty days of its being made.

When Section 105E CrPC Does Not Apply

  • Section 105E(1) CrPC speaks of an order made by an officer. It does not deal with an order of attachment or forfeiture made by the Court under Section 105C(1) CrPC.
  • Section 105E CrPC speaks of seizing or attaching property. It does not deal with the appointment of an Administrator of the property.

Section 105E CrPC Under BNSS 117: What Changed

Section 105E CrPC is now covered under Section 117 BNSS.

Section 117 BNSS has the same heading and the same text as Section 105E CrPC, from 1 July 2024. Section 117(1) BNSS refers to Section 116 BNSS where Section 105E(1) CrPC referred to Section 105D CrPC.

View detailed comparison (CrPC 105E vs BNSS 117) →

FAQs on Section 105E CrPC

When may an officer make an order for seizing property under Section 105E CrPC?▼

An officer conducting an inquiry or investigation under Section 105D CrPC who has a reason to believe that the property is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property may make an order for seizing the property.

What may the officer do under Section 105E CrPC where it is not practicable to seize the property?▼

The officer may make an order of attachment directing that the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making the order. A copy of the order shall be served on the person concerned.

What does Section 105E CrPC say about confirmation by the Court?▼

An order made under Section 105E(1) CrPC shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

Where is Section 105E 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 105E(1) CrPC is found in Section 117(1) BNSS, Section 105E(2) CrPC is found in Section 117(2) BNSS.

Have questions about Section 105E CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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: 22 Oct 2026 ·