Section 105G CrPC: Notice of forfeiture of property

Code of Criminal Procedure, 1973

Section 105G CrPC at a Glance

Section 105G CrPC deals with notice of forfeiture of property. From 1 July 2024 it is replaced by Section 119 BNSS.

Now BNSS

What Section 105G CrPC Says

105G. Notice of forfeiture of property
(1) If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

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

Section 105G CrPC in Simple Words

Section 105G of the Code of Criminal Procedure, 1973 deals with the notice of forfeiture of property. If as a result of the inquiry, investigation or survey under Section 105D CrPC the Court has reason to believe that all or any of such properties are proceeds of crime, the Court may serve a notice upon the person affected.

The notice calls upon the person affected, within a period of thirty days specified in the notice, to indicate the source of income, earnings or assets out of which or by means of which the property was acquired, the evidence relied on and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be proceeds of crime and forfeited to the Central Government. Where the notice specifies any property as being held on behalf of the person affected by any other person, a copy of the notice shall also be served upon that other person.

When Section 105G CrPC Applies

Section 105G(1) CrPC applies if, as a result of the inquiry, investigation or survey under Section 105D CrPC, the Court has reason to believe that all or any of such properties are proceeds of crime.
In that case the Court may serve a notice upon the person affected.
The notice calls upon the person affected to indicate the source of income, earnings or assets, the evidence relied on and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be proceeds of crime and forfeited to the Central Government.
Under Section 105G(2) CrPC, a copy of the notice shall also be served upon the other person where the notice specifies any property as being held on behalf of the person affected by that other person.

Time Limits Under Section 105G CrPC

Section 105G(1) CrPC calls upon the person affected to respond within a period of thirty days specified in the notice.Act text: “within a period of thirty days specified in the notice”

Example of Section 105G CrPC

After an inquiry under Section 105D CrPC, the Court has reason to believe that a flat is proceeds of crime. Under Section 105G(1) CrPC, the Court serves a notice upon Anil, calling upon Anil within a period of thirty days specified in the notice to indicate the source of income, earnings or assets out of which Anil acquired the flat, the evidence on which Anil relies and other relevant information and particulars, and to show cause why the flat should not be declared to be proceeds of crime and forfeited to the Central Government. The notice specifies that the flat is held on behalf of Anil by Bharat, so under Section 105G(2) CrPC a copy of the notice is also served upon Bharat.

When Section 105G CrPC Does Not Apply

Section 105G(1) CrPC speaks of a notice served after an inquiry, investigation or survey under Section 105D CrPC. It does not deal with the seizure or attachment of property, which is the subject of Section 105E CrPC.
Section 105G(1) CrPC speaks of a notice calling upon the person affected to show cause. It does not deal with the declaration that property stands forfeited, which is the subject of Section 105H CrPC.

Section 105G CrPC Under BNSS 119: What Changed

Section 105G CrPC is now covered under Section 119 BNSS.

Section 119 BNSS has the same heading and the same text as Section 105G CrPC. Section 119(1) BNSS refers to Section 116 BNSS where Section 105G(1) CrPC referred to Section 105D CrPC.

View detailed comparison (CrPC 105G vs BNSS 119) →

FAQs on Section 105G CrPC

When may the Court serve a notice under Section 105G CrPC?▼

Section 105G(1) CrPC says that if as a result of the inquiry, investigation or survey under Section 105D CrPC the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon the person affected.

What does the notice under Section 105G CrPC call upon the person affected to do?▼

Who else receives a copy of the notice under Section 105G CrPC?▼

Under Section 105G(2) CrPC, where a notice under Section 105G(1) CrPC specifies any property as being held on behalf of the person affected by any other person, a copy of the notice shall also be served upon that other person.

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

Section 105G(1) CrPC is found in Section 119(1) BNSS and Section 105G(2) CrPC in Section 119(2) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·