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Code of Criminal Procedure, 1973

Section 105C

Assistance in relation to orders of attachment or forfeiture of property

Quick Answer Reference: Section 105C CrPC

  • Provision: Section 105C of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 105C of CrPC say?

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). 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. 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.

Indian StandardSection 105C, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 105C (India)
Court Pleading StandardSection 105C of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/105c

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 105C CrPC

What is Section 105C of CrPC?

Section 105C of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Assistance in relation to orders of attachment or forfeiture of property". The section states: 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...

What is the punishment under Section 105C of CrPC?

Section 105C of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 105C of CrPC bailable or non-bailable?

Whether Section 105C of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 105C CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India