Section 105A CrPC: Definitions and Corresponding Section 111 BNSS
Overview of Section 105A CrPC
Section 105A of the Code of Criminal Procedure, 1973 defined important expressions used in Chapter VIIA, dealing with reciprocal arrangements for assistance in certain matters and the attachment and forfeiture of property. The provision was inserted by Act 40 of 1993, Section 2, with effect from 20 July 1994. These definitions helped courts and investigating agencies address criminal assets, including assets with an international connection.
The equivalent provision under the current criminal procedure legislation is Section 111 of the BNSS, in Chapter VIII. It continues the five principal definitions set out below.
Definitions under Section 105A CrPC and Section 111 BNSS
In this Chapter, unless the context otherwise requires, the following terms have the stated meanings:
- Contracting State: Any country or place outside India in respect of which the Central Government has made arrangements with the government of that country, through a treaty or otherwise. This establishes the international cooperation context of the Chapter.
- Identifying: Includes establishing proof that property was derived from, or used in, the commission of an offence. The inquiry concerns the connection between the asset and the alleged criminal activity.
- Proceeds of crime: Any property derived or obtained, directly or indirectly, by any person as a result of criminal activity, including crime involving currency transfers, or the value of such property.
- Property: Property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible. The expression also includes deeds and instruments evidencing title to or an interest in such property or assets derived from or used in the commission of an offence, including property obtained through proceeds of crime.
- Tracing: Determining the nature, source, disposition, movement, title or ownership of property. Tracing may be relevant when locating and following assets connected with an offence.
Purpose and legal significance
These definitions support procedures for cooperation with foreign authorities and for identifying, tracing, seizing, attaching or forfeiting property connected with criminal offences. They explain the terminology used in the Chapter; they do not, by themselves, confer an independent power to seize or forfeit property. The relevant procedural provisions and safeguards must also be satisfied.
Effect of repeal: Section 531 BNSS
Section 531(1) BNSS repeals the CrPC, 1973. Under Section 531(2)(a), an appeal, application, trial, inquiry or investigation pending immediately before commencement of the BNSS is to continue under the former CrPC as provided in that savings clause. Section 531 also addresses continuity of specified notifications, orders, powers, appointments and sanctions. Accordingly, the applicable procedural law must be assessed in light of the commencement date and the status of the particular proceeding.
Official legislation and further reading
- India Code - official repository of Central legislation (search for the Code of Criminal Procedure, 1973 or the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Bureau of Police Research and Development - BNSS reference PDF (see Sections 111 and 531).
- Ministry of Home Affairs - notifications and information concerning criminal law reforms.
- Code of Criminal Procedure - section-wise guide.
Frequently asked questions
What is Section 105A CrPC?
It is the former CrPC provision defining contracting State, identifying, proceeds of crime, property and tracing for the Chapter on reciprocal assistance and property-related procedures.
Which BNSS section corresponds to Section 105A CrPC?
Section 111 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Does Section 105A CrPC still apply?
The CrPC was repealed on 1 July 2024, but Section 531 BNSS preserves its operation for specified proceedings pending before commencement. Whether it applies in a particular matter depends on the savings provision and relevant facts.