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

Summary

Sub-section (1) allows a court in India, if it has reasonable grounds to believe that property was obtained directly or indirectly by a person through committing an offence, to order the property’s attachment or forfeiture as it considers appropriate under sections 105D to 105J.

Sub-section (2) applies when a court has made an attachment or forfeiture order under sub-section (1) and the property is suspected to be in a contracting State. The court may send a letter of request to a court or authority in that State asking it to carry out the order.

Sub-section (3) applies when the Central Government receives a letter of request from a court or authority in a contracting State seeking attachment or forfeiture in India of property obtained directly or indirectly through an offence committed in that State. The Central Government may send the request to a court it considers appropriate, for action under sections 105D to 105J or, where applicable, another law then in force.

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 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.

Sections referred to

• CrPC §105D — Identifying unlawfully acquired property
• CrPC §105J — Certain transfers to be null and void

Referred to by

• CrPC §105D — Identifying unlawfully acquired property

Old <-> New Code Mapping

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