Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 115

BNSS 115: earlier CrPC 105C

Section 115 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 105C of the Code of Criminal Procedure, 1973. BNSS 115 deals with assistance in relation to orders of attachment or forfeiture of property. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 115 was CrPC 105C.

Assistance in relation to orders of attachment or forfeiture of property.

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. VIIA
s. 105C
Assistance in relation to orders of attachment or forfeiture of property
(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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. VIII
s. 115
Assistance in relation to orders of attachment or forfeiture of property.
(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.
Text from India Code

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