Section 105E CrPC: Seizure or attachment of property

Chapter VIIA

attachment of property, court confirmation, disposal of property, inquiry, international cooperation, investigation, reciprocal arrangements, seizure of property

New Law Update (2024)

Section 103 BNSS

TRIAL COURT

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act 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.

Important Sub-Sections Explained

Section 105E(1)

This sub-section grants an investigating officer the power to temporarily seize or attach property if they believe it might be hidden, sold, or dealt with to avoid legal proceedings related to an inquiry under Section 105D. If physical seizure isn’t possible, an order can be issued prohibiting its transfer without permission, with a copy served on the concerned person.

Section 105E(2)

Crucially, any seizure or attachment order made by an officer under sub-section (1) is not permanent and only remains valid if a competent court confirms it within thirty days of the order being made. Without this timely judicial confirmation, the officer’s order ceases to have effect.

Chapter VIIA