BNSS Section 115 — Assistance in relation to orders of attachment or forfeiture of property

CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Criminal

Summary

A court in India can order the attachment or seizure of property if it has good reason to believe that the property was obtained through a crime. If that property is located in another country that has agreed to cooperate, the court can send a formal request to a court or authority in that country to carry out the order. Similarly, if India receives such a request from another country to attach or seize property in India that was obtained through a crime in that country, the Central Government can send the request to an appropriate court in India to take action.

Official Text

(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 116 to 122 (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 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §105C — Assistance in relation to orders of attachment or forfeiture of property