RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTYCentral

Section 105C of The Code of Criminal Procedure, 1973

(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.

Summary

If an Indian Court believes property was obtained through a crime, it can order that property to be attached (frozen) or forfeited.
When such property is in a contracting State, the Indian Court can send a "letter of request" to that country to carry out the order.
If a contracting State asks India to freeze or seize property in India linked to a foreign crime, the Central Government can forward that request to an Indian Court.
Execution of these international requests follows the specific procedures laid out in Sections 105D to 105J of the Code.

Practical examples

1An Indian court finds that a criminal has stashed money from a scam in a bank account in a treaty-partner country. The judge uses Section 105C to issue a letter of request to that country to freeze the account.

2The Central Government receives a request from a foreign authority to seize a luxury car in Delhi that was bought with stolen funds. Under Section 105C, the government sends this to a local court to be handled according to Indian law.

FAQ

1. Can an Indian Court seize property located in another country under The Code of Criminal Procedure, 1973 Section 105C?

Yes, under Section 105C of The Code of Criminal Procedure, 1973, if property is in a contracting State, the Court may issue a letter of request for the execution of an attachment or forfeiture order.

2. How does India handle foreign requests to freeze assets according to the Criminal Procedure Code Section 105C?

According to Section 105C of the Criminal Procedure Code, the Central Government may forward a foreign letter of request to an Indian Court for execution under Sections 105D to 105J.

3. What legal threshold is needed for an order under the 1973 Code Section 105C?

Under Section 105C of the 1973 Code, the Court must have "reasonable grounds to believe" that property was obtained through the commission of an offence.

Test yourself

Q1.Under Section 105C of The Code of Criminal Procedure, 1973, what document is issued to a contracting State to execute an attachment order?

Q2.When the Central Government receives a foreign request for forfeiture under Section 105C of the Criminal Procedure Code, what is the next step?

Q3.Which sections of The Code of Criminal Procedure, 1973, are used to execute a request for property attachment under Section 105C?

105BPreviousSection 105B Assistance in securing transfer of persons.105DNextSection 105D Identifying unlawfully acquired property.

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