Chapter VIIA
Section 105D CrPC: Identifying unlawfully acquired property
New Law Update (2024)
Section 104 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The Court shall, under Sub-Section (1), or on receipt of a letter of request under Section 105C(3), direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
(2) The steps referred to in Sub-Section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.
(3) Any inquiry, investigation or survey referred to in Sub-Section (2) shall be carried out by an officer mentioned in Sub-Section (1) in accordance with such directions issued by the said Court in this behalf.
Important Sub-Sections Explained
Section 105D(1)
This sub-section empowers the Court to initiate the process of tracing and identifying unlawfully acquired property. It can do so either on its own initiative or when a foreign country requests assistance through a letter of request under Section 105C(3). The Court directs a police officer, not below the rank of Sub-Inspector, to undertake these steps.
Section 105D(2)
This sub-section outlines the broad scope of actions permissible for tracing and identifying such property. These actions can include inquiries, investigations, or surveys concerning individuals, locations, property, assets, documents, bank accounts, or other relevant financial records.