Chapter VIIA
Section 105C CrPC: Assistance in relation to orders of attachment or forfeiture of property
New Law Update (2024)
Section 92 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 105C(2)
This sub-section enables an Indian court, after ordering attachment or forfeiture of property obtained from an offence, to send a formal request to a foreign contracting State if the property is believed to be located there, seeking their assistance in executing the order.
Section 105C(3)
This sub-section outlines the process for handling requests from foreign contracting States, where the Central Government forwards their requests for attachment or forfeiture of crime-related property located in India to an appropriate Indian court for execution under relevant laws.