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

Section 105E of The Code of Criminal Procedure, 1973

(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.

Summary

An officer investigating property can seize it if they believe it might be hidden or sold.
If seizing the physical property is not possible, the officer can issue an order of attachment.
An attachment order forbids the property from being transferred or handled without permission.
The person concerned must be given a copy of the seizure or attachment order.
The order is only valid if it is confirmed by the Court within thirty days.

Practical examples

1Sub-Inspector Mehra discovers a suspect is about to sell a sports car bought with crime money. Using Section 105E of the 1973 Code, he immediately seizes the car and gives the suspect a copy of the order, then rushes to get Court confirmation within the month.

2A police officer finds that a criminal is trying to transfer land deeds to a relative. Since he cannot "seize" land, he issues an attachment order under Section 105E, preventing any legal transfer of the property until the Court reviews the situation.

FAQ

1. How long does a police officer have to get Court confirmation for a seizure under Section 105E of the Code of Criminal Procedure, 1973?

An order made under Section 105E of the Code of Criminal Procedure, 1973, has no effect unless the Court confirms it within thirty days.

2. Under what circumstances can an officer seize property according to Section 105E of the 1973 Criminal Procedure Code?

Under Section 105E of the 1973 Criminal Procedure Code, an officer can seize property if they believe it is likely to be concealed, transferred, or dealt with in a way that results in its disposal.

3. Does the person whose property is attached get a notice under Section 105E of The Code of Criminal Procedure, 1973?

Yes, Section 105E of The Code of Criminal Procedure, 1973, requires that a copy of the seizure or attachment order be served on the person concerned.

Test yourself

Q1.Under Section 105E of The Code of Criminal Procedure, 1973, what is the consequence if the Court does not confirm a seizure order within 30 days?

Q2.When is an officer permitted to make an order of attachment instead of seizure under Section 105E of the 1973 Code?

Q3.Under Section 105E of The Code of Criminal Procedure, 1973, what does an attachment order specifically prohibit?

Q4.Who must be served with a copy of the order under Section 105E of the 1973 Criminal Procedure Code?

105DPreviousSection 105D Identifying unlawfully acquired property.105FNextSection 105F Management of properties seized or forfeited under this Chapter.

←Section 105D Section 105F→