CrPC Section 105E — Seizure or attachment of property

Summary

Sub-section (1) allows an officer conducting an inquiry or investigation under section 105D to order the seizure of property connected with it if the officer has reason to believe the property is likely to be concealed, transferred or otherwise dealt with in a way that would result in its disposal. If seizure is not practicable, the officer may instead order attachment, directing that the property must not be transferred or otherwise dealt with without the officer’s prior permission. A copy of the order must be served on the person concerned.

Sub-section (2) says that an order under sub-section (1) has no effect unless the Court confirms it by an order within 30 days after it is made.

Official Text

(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.

Sections referred to

• CrPC §105D — Identifying unlawfully acquired property

Referred to by

• CrPC §105F — Management of properties seized or forfeited under this Chapter
• CrPC §105J — Certain transfers to be null and void

Old <-> New Code Mapping

• BNSS §117 — Seizure or attachment of property