Section 115 BNSS: Assistance in relation to orders of attachment or forfeiture of property (Formerly Section 105C CrPC)

Section 115 of Bharatiya Nagarik Suraksha Sanhita, 2023: Assistance in relation to orders of attachment or forfeiture of property

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 116 to 122 (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 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 115

Section 115 regulates international assistance in relation to orders of attachment or forfeiture of property derived from criminal activity located in a contracting State outside India.

Proceeds of Crime Abroad: Movable or immovable property located in a foreign country derived from an offence committed in India.
Court Request for Attachment: Court in India moves the Central Government to request the foreign court to freeze, attach, or forfeit the asset.
Reverse Requisition: Enforces foreign attachment orders against properties situated within India upon central clearance.

Key Landmark Precedents:

P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24: The Supreme Court affirmed the powers of criminal courts and specialized agencies to track and freeze proceeds of crime parked in overseas tax havens.
Vijay Mallya v. State Bank of India (2018) SCC OnLine SC 3530: Emphasised that international cooperation mechanisms are essential to forfeit assets of economic fugitives.

Courtroom Practice & Strategic Litigation Guidance:

When challenging a Section 115 attachment, examine whether the foreign property was acquired prior to the alleged offence with untainted funds, establishing lack of criminal nexus.